S507 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1786

S507 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1786

The Court refused an order nisi because the applicant's grounds were difficult to comprehend and did not disclose, on a careful reading of the Tribunal's reasons and the material before the Court, an arguable basis for constitutional writ relief against the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
07 July 2004
Procedural Posture
Application for Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Proceeding Remitted From the High Court and Called on for Directions; Order Nisi Sought
Outcome
Order nisi refused; O 51A r 5(1) of the Federal Court Rules not applied; applicant ordered to pay the Minister's costs in the sum of $200.
Legal Topics
['protection Class XA Visa' 'refugee Review Tribunal Review' 'constitutional Writ Relief' 'order Nisi' 'natural Justice' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law'] ['protection Class XA Visa' 'refugee Review Tribunal Review' 'constitutional Writ Relief' 'order Nisi' 'natural Justice' 'well Founded Fear of Persecution']

Case Brief

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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 / Proceeding Remitted From the High Court and Called on for Directions; Order Nisi Sought

Legal Issues

  1. 1 ["Whether the material disclosed an arguable case upon which constitutional writ relief could be granted in respect of the Tribunal's decision" "Whether the Tribunal failed to make a bona fide attempt to exercise its power or failed to recognise the applicant's claimed protection fears" "Whether the Tribunal's decision was affected by lack of reasonableness, failure to comply with the Act, or denial of natural justice"]

Ratio Decidendi

The Court refused an order nisi because the applicant's grounds were difficult to comprehend and did not disclose, on a careful reading of the Tribunal's reasons and the material before the Court, an arguable basis for constitutional writ relief against the Tribunal's decision.

Court Disposition

Order nisi refused; O 51A r 5(1) of the Federal Court Rules not applied; applicant ordered to pay the Minister's costs in the sum of $200.

Orders

  • ['O 51A r 5(1) of the Federal Court Rules not apply to the proceeding.' 'An order nisi be refused.' "The applicant pay the Minister's costs in the sum of $200."]