S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 673

S515 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 673

As the applicant's affidavit did not disclose any basis for relief and the applicant repeatedly failed to appear in proceedings, the application for an order nisi was refused, and further applications for review are not to be accepted without leave of the Court.

Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Judicial Review / On Remittal From the High Court
Outcome
application refused
Legal Topics
['judicial Review' 'tribunal Decisions' 'costs']
['administrative Law'] ['judicial Review' 'tribunal Decisions' 'costs']

Case Brief

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Procedural Posture

Judicial Review / On Remittal From the High Court

Legal Issues

  1. 1 ["Whether the applicant demonstrated a basis for constitutional writ relief in respect of the Refugee Review Tribunal's decision of 5 March 2002" 'Whether a further application for review should be permitted']

Ratio Decidendi

As the applicant's affidavit did not disclose any basis for relief and the applicant repeatedly failed to appear in proceedings, the application for an order nisi was refused, and further applications for review are not to be accepted without leave of the Court.

Court Disposition

application refused

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." "No application for review of the Tribunal's decision on 5 March 2002 be accepted for filing in this Court without the leave of the Court."]