S351 of 2003 v Refugee Review Tribunal [2004] FCA 903

S351 of 2003 v Refugee Review Tribunal [2004] FCA 903

The application was refused because the affidavits and material submitted by the applicants did not establish an arguable case that the Tribunal failed to afford natural justice or procedural fairness, and material created after the Tribunal’s decision could not support such a claim.

Parties
Applicant: S351 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Secretary of the Department of Immigration & Multicultural & Indigenous Affairs; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
30 April 2004
Procedural Posture
Judicial Review (application for Prerogative Relief) / Interlocutory – Application for Order Nisi Refused
Outcome
Application for order nisi refused; costs ordered against the adult applicants.
Legal Topics
Procedural Fairness, Protection Visas, Prerogative Writs
Administrative Law Immigration Law Procedural Fairness Protection Visas Prerogative Writs

Case Brief

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Parties

S351 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Secretary of the Department of Immigration & Multicultural & Indigenous Affairs

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review (application for Prerogative Relief) / Interlocutory – Application for Order Nisi Refused

Legal Issues

  1. 1 Whether the applicant was denied natural justice by the Tribunal
  2. 2 Whether there is an arguable case for prerogative writ relief based on the Tribunal’s consideration of evidence

Ratio Decidendi

The application was refused because the affidavits and material submitted by the applicants did not establish an arguable case that the Tribunal failed to afford natural justice or procedural fairness, and material created after the Tribunal’s decision could not support such a claim.

Court Disposition

Application for order nisi refused; costs ordered against the adult applicants.

Orders

  • Order 51A rule 5(1) of the Federal Court Rules does not apply.
  • The application for an order nisi be refused.