S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 670

S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 670

The affidavit in support of the draft order nisi disclosed no basis upon which any relief could be granted, and the applicant did not appear when the matter was called on for directions; accordingly, the Court refused the order nisi and ordered the applicant to pay the Minister's costs.

Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Application for Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application for an Order Nisi
Outcome
Application for an order nisi refused; applicant ordered to pay the Minister's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'order Nisi' 'remittal From High Court']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'order Nisi' 'remittal From High Court']

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Procedural Posture

Application for Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Application for an Order Nisi

Legal Issues

  1. 1 ['Whether the draft order nisi and supporting affidavit disclosed any basis upon which constitutional writ relief could be granted in respect of the Refugee Review Tribunal decision.' 'Whether an order nisi should be refused where the applicant did not appear and the supporting affidavit disclosed no basis for relief.']

Ratio Decidendi

The affidavit in support of the draft order nisi disclosed no basis upon which any relief could be granted, and the applicant did not appear when the matter was called on for directions; accordingly, the Court refused the order nisi and ordered the applicant to pay the Minister's costs.

Court Disposition

Application for an order nisi refused; applicant ordered to pay the Minister's costs.

Orders

  • ['Order 51A r 5(1) of the Federal Court Rules not apply.' 'The application for an order nisi be refused.' "The applicant pay the Minister's costs."]