S516 of 2003 v Refugee Review Tribunal [2004] FCA 502

S516 of 2003 v Refugee Review Tribunal [2004] FCA 502

The application for order nisi was refused because the applicant's affidavit disclosed no evidence of any basis upon which relief could be granted.

Parties
Applicant: S516 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 February 2004
Procedural Posture
Judicial Review / On Remittal From High Court; Application for Order Nisi
Outcome
application for order nisi refused; costs ordered against applicant
Legal Topics
Prerogative Relief, Judicial Review of Tribunal Decision, Costs
Administrative Law Prerogative Relief Judicial Review of Tribunal Decision Costs

Case Brief

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Parties

S516 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration & Multicultural & Indigenous Affairs

Second Respondent

Procedural Posture

Judicial Review / On Remittal From High Court; Application for Order Nisi

Legal Issues

  1. 1 Whether the applicant has demonstrated any basis for prerogative writ relief against the decision of the Refugee Review Tribunal.

Ratio Decidendi

The application for order nisi was refused because the applicant's affidavit disclosed no evidence of any basis upon which relief could be granted.

Court Disposition

application for order nisi refused; costs ordered against applicant

Orders

  • the application for an order nisi be refused
  • the applicant pay the Minister's cost of the proceeding