Applicant S281 of 2003 v Refugee Review Tribunal [2004] FCA 906

Applicant S281 of 2003 v Refugee Review Tribunal [2004] FCA 906

The applications for orders nisi were refused because, on the material before the Court, there was no evidence supporting the assertions in the draft orders nisi and no arguable case was shown for the grant of constitutional relief.

Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Application for Order Nisi Seeking Constitutional Writ Relief in Respect of Refugee Review Tribunal Decisions Affirming Refusal of Protection Visas / On Remittal From the High Court of Australia
Outcome
Applications for orders nisi refused.
Legal Topics
['refugee Review Tribunal' 'protection Visa' 'natural Justice' 'procedural Fairness' 'constitutional Writ Relief' 'order Nisi']
['administrative Law' 'migration Law' 'constitutional Law'] ['refugee Review Tribunal' 'protection Visa' 'natural Justice' 'procedural Fairness' 'constitutional Writ Relief' 'order Nisi']

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Procedural Posture

Application for Order Nisi Seeking Constitutional Writ Relief in Respect of Refugee Review Tribunal Decisions Affirming Refusal of Protection Visas / On Remittal From the High Court of Australia

Legal Issues

  1. 1 ['Whether the applicants had shown an arguable case for constitutional writ relief in respect of the Tribunal decisions.' 'Whether the applications for orders nisi should be refused because the assertions of denial of natural justice and procedural fairness were unsupported by evidence.']

Ratio Decidendi

The applications for orders nisi were refused because, on the material before the Court, there was no evidence supporting the assertions in the draft orders nisi and no arguable case was shown for the grant of constitutional relief.

Court Disposition

Applications for orders nisi refused.

Orders

  • ['Order 51A rule 5(1) not apply.' 'The application for an order nisi be refused.' 'The adult applicants in each case pay the costs of the Minister of the proceedings to date.']