S413 of 2003 v Refugee Review Tribunal [2004] FCA 498

S413 of 2003 v Refugee Review Tribunal [2004] FCA 498

The application for an order nisi was refused because the affidavit filed in the High Court disclosed no basis upon which any relief could be granted; the applicant could commence such proceeding as advised. No order as to costs was made because the matter had been remitted by consent without the question of refusal of an order nisi being raised.

Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Application for an Order Nisi Seeking Prerogative Relief in Respect of a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Listed for Directions
Outcome
Application for an order nisi refused; no order as to costs.
Legal Topics
['refugee Review Tribunal' 'prerogative Relief' 'order Nisi' 'remitter From High Court' 'costs']
['administrative Law' 'migration Law'] ['refugee Review Tribunal' 'prerogative Relief' 'order Nisi' 'remitter From High Court' 'costs']

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Procedural Posture

Application for an Order Nisi Seeking Prerogative Relief in Respect of a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Listed for Directions

Legal Issues

  1. 1 ['Whether an order nisi should be granted where the affidavit filed in the High Court disclosed no basis upon which relief could be granted.' 'Whether costs should be ordered in favour of the respondents after the matter was remitted by consent.']

Ratio Decidendi

The application for an order nisi was refused because the affidavit filed in the High Court disclosed no basis upon which any relief could be granted; the applicant could commence such proceeding as advised. No order as to costs was made because the matter had been remitted by consent without the question of refusal of an order nisi being raised.

Court Disposition

Application for an order nisi refused; no order as to costs.

Orders

  • ['The application for an order nisi be refused.' 'No order as to costs.']