S339 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1681

S339 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1681

The material before the Court did not disclose an arguable case that the Tribunal fell into jurisdictional error sufficient to grant the relief claimed. Assertions made were not supported by any particulars or evidence.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
['procedural Fairness' 'jurisdictional Error' 'natural Justice' 'protection Visa Review']
['administrative Law' 'migration Law'] ['procedural Fairness' 'jurisdictional Error' 'natural Justice' 'protection Visa Review']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Whether the Tribunal's decision involved jurisdictional error" 'Whether procedural fairness or natural justice was denied to the applicant' 'Whether the decision was made on the basis of sufficient evidence or material']

Ratio Decidendi

The material before the Court did not disclose an arguable case that the Tribunal fell into jurisdictional error sufficient to grant the relief claimed. Assertions made were not supported by any particulars or evidence.

Court Disposition

Application refused

Orders

  • ['Order 51A rule 5(1) not apply to the proceeding.' 'The application for order nisi be refused.']