S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 501

S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 501

The affidavit filed in support of the application disclosed no basis upon which any relief should be granted, so an order nisi was refused. Given the applicant's earlier judicial review application, failure to appear, dismissed proceeding, purported appeal, and failure to appear on that appeal, it was appropriate to make the Minister's requested costs and filing restriction orders.

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
Outcome
Application for an order nisi refused.
Legal Topics
['refugee Review Tribunal Decision' 'prerogative Relief' 'order Nisi' 'dismissal for Want of Appearance' 'filing Restriction']
['administrative Law' 'migration Law'] ['refugee Review Tribunal Decision' 'prerogative Relief' 'order Nisi' 'dismissal for Want of Appearance' 'filing Restriction']

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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

Legal Issues

  1. 1 ["Whether the applicant's affidavit disclosed a basis upon which prerogative relief should be granted in respect of the Tribunal's decision of 5 March 2002." "Whether costs and an order restricting further applications for review of the Tribunal's decision should be made."]

Ratio Decidendi

The affidavit filed in support of the application disclosed no basis upon which any relief should be granted, so an order nisi was refused. Given the applicant's earlier judicial review application, failure to appear, dismissed proceeding, purported appeal, and failure to appear on that appeal, it was appropriate to make the Minister's requested costs and filing restriction orders.

Court Disposition

Application for an order nisi refused.

Orders

  • ['The application for an order nisi be refused.' "The applicant pay the Minister's costs." "No application for review of the Tribunal's decision of 5 March 2002 be accepted for filing in this Court without the leave of the Court."]