S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 504

S382 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 504

As the supporting affidavit disclosed no basis for prerogative relief, and there was no appearance for the applicant, the application for order nisi is refused.

Parties
Applicant: S382 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Principal Member of the Refugee Review Tribunal; Third Respondent: Kim Rosser, Member of the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Application for Order Nisi (prerogative Relief) / On Remittal From High Court of Australia; Judgment at Hearing
Outcome
application dismissed; costs awarded against applicant
Legal Topics
Prerogative Relief, Protection Visa, Judicial Review, Costs
Administrative Law Migration Law Prerogative Relief Protection Visa Judicial Review Costs

Case Brief

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Parties

S382 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Principal Member of the Refugee Review Tribunal

Second Respondent

Kim Rosser, Member of the Refugee Review Tribunal

Third Respondent

Procedural Posture

Application for Order Nisi (prerogative Relief) / On Remittal From High Court of Australia; Judgment at Hearing

Legal Issues

  1. 1 Whether the affidavit in support disclosed a basis for prerogative relief against the Refugee Review Tribunal's affirmation of refusal of a protection visa.

Ratio Decidendi

As the supporting affidavit disclosed no basis for prerogative relief, and there was no appearance for the applicant, the application for order nisi is refused.

Court Disposition

application dismissed; costs awarded against applicant

Orders

  • the application for an order nisi be refused
  • the applicant pay the Minister's costs