S268 of 2003 v Refugee Review Tribunal [2004] FCA 905

S268 of 2003 v Refugee Review Tribunal [2004] FCA 905

Because the affidavits supporting the application did not disclose any facts justifying the grant of prerogative relief, and any alleged prejudice from refusal of the order nisi was not established, the application for an order nisi should be refused and the Minister awarded costs.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for Prerogative Writ Relief / On Remittal From High Court, Determination of Order Nisi and Costs
Outcome
Application for order nisi refused; costs awarded to Minister
Legal Topics
['procedural Fairness' 'protection Visas' 'prerogative Writs' 'costs']
['administrative Law' 'immigration Law'] ['procedural Fairness' 'protection Visas' 'prerogative Writs' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Prerogative Writ Relief / On Remittal From High Court, Determination of Order Nisi and Costs

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal failed to accord procedural fairness in affirming the Minister's refusal to grant protection visas" 'Whether the applicants are entitled to an order nisi' 'Whether refusal of an order nisi would prejudice the applicants in future proceedings' "Whether the applicants should pay the Minister's costs"]

Ratio Decidendi

Because the affidavits supporting the application did not disclose any facts justifying the grant of prerogative relief, and any alleged prejudice from refusal of the order nisi was not established, the application for an order nisi should be refused and the Minister awarded costs.

Court Disposition

Application for order nisi refused; costs awarded to Minister

Orders

  • ['Order 51A r 5(1) of the Federal Court Rules does not apply.' 'Application for an order nisi is refused.' "Applicants to pay the Minister's costs."]