S53 of 2002 v Refugee Review Tribunal [2003] FCA 1173

S53 of 2002 v Refugee Review Tribunal [2003] FCA 1173

The applicant failed to make an arguable case for an order nisi because ground one was practically abandoned and no breach of s 418(3) was established; for ground two, the Court was not satisfied that the migration agent was misled by the Tribunal letters or would have acted differently, and in any event the alleged missing country information did not touch the Tribunal's adverse credibility findings and no relevant practical unfairness was shown.

Jurisdiction
Australia
Judgment Date
27 October 2003
Procedural Posture
Migration Application for an Order Nisi for Constitutional Writs in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application Remitted From the High Court of Australia; Determination of Whether to Grant an Order Nisi for Writs of Mandamus and Certiorari
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'constitutional Writs' 'migration Act 1958 (cth) S418(3)' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'natural Justice' 'constitutional Writs' 'migration Act 1958 (cth) S418(3)' 'jurisdictional Error']

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Procedural Posture

Migration Application for an Order Nisi for Constitutional Writs in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application Remitted From the High Court of Australia; Determination of Whether to Grant an Order Nisi for Writs of Mandamus and Certiorari

Legal Issues

  1. 1 ['Whether the Secretary failed to comply with s 418(3) of the Migration Act 1958 (Cth) by not giving relevant documents to the Tribunal, and whether any such failure would justify relief.' 'Whether letters from the Tribunal misled the applicant or his migration agent into believing the Tribunal would consider all material before the delegate, including country information.' 'Whether any alleged misrepresentation caused practical unfairness sufficient to amount to denial of procedural fairness.' 'Whether Muin v Refugee Review Tribunal assisted the applicant in the circumstances of the case.']

Ratio Decidendi

The applicant failed to make an arguable case for an order nisi because ground one was practically abandoned and no breach of s 418(3) was established; for ground two, the Court was not satisfied that the migration agent was misled by the Tribunal letters or would have acted differently, and in any event the alleged missing country information did not touch the Tribunal's adverse credibility findings and no relevant practical unfairness was shown.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an order nisi for a writ of mandamus and a writ of certiorari be dismissed.' 'The applicant pay the costs of the second respondent.']