S255/2003 v Refugee Review Tribunal [2005] FCA 1573

S255/2003 v Refugee Review Tribunal [2005] FCA 1573

The applicant has not made out an arguable case of reviewable error or denial of procedural fairness by the Tribunal and no basis for the grant of an order nisi has been advanced; accordingly, the application must be dismissed with costs.

Parties
Applicant: S255/2003; First Respondent: Refugee Review Tribunal; Second Respondent: Secretary of the Department of Immigration and Multicultural Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
08 November 2005
Procedural Posture
Migration Application for Order Nisi (constitutional Writs) / Application for Order Nisi Remitted From High Court and Determined on Papers
Outcome
Application dismissed with costs
Legal Topics
Protection Visas, Refugee Status, Procedural Fairness, Review of Administrative Decisions
Migration Law Protection Visas Refugee Status Procedural Fairness Review of Administrative Decisions

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Parties

S255/2003

Applicant

Refugee Review Tribunal

First Respondent

Secretary of the Department of Immigration and Multicultural Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Migration Application for Order Nisi (constitutional Writs) / Application for Order Nisi Remitted From High Court and Determined on Papers

Legal Issues

  1. 1 Whether the Refugee Review Tribunal failed to afford procedural fairness to the applicant
  2. 2 Whether there is any reviewable error justifying the issuance of constitutional writs

Ratio Decidendi

The applicant has not made out an arguable case of reviewable error or denial of procedural fairness by the Tribunal and no basis for the grant of an order nisi has been advanced; accordingly, the application must be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for an order nisi be dismissed.
  • The Applicant pay the Second and Third Respondents' costs.