SBAJ v Minister for Immigration & Multicultural Affairs [2002] FCA 697

SBAJ v Minister for Immigration & Multicultural Affairs [2002] FCA 697

The application was dismissed because no submissions advanced on behalf of the applicant disclosed any judicially reviewable ground or legal error by the Refugee Review Tribunal that the Court could remedy, putting aside the effect of the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) and s474 of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
31 May 2002
Procedural Posture
Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause Decision' 'section 474 of the Migration Act 1958 (cth)' 'convention Related Persecution']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'privative Clause Decision' 'section 474 of the Migration Act 1958 (cth)' 'convention Related Persecution']

Case Brief

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Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Application Dismissed

Legal Issues

  1. 1 ['Whether the applicant disclosed any judicially reviewable ground upon which the Refugee Review Tribunal decision might be overturned.' 'Whether the Court needed to determine the effect of s474 of the Migration Act 1958 (Cth) on the application.']

Ratio Decidendi

The application was dismissed because no submissions advanced on behalf of the applicant disclosed any judicially reviewable ground or legal error by the Refugee Review Tribunal that the Court could remedy, putting aside the effect of the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth) and s474 of the Migration Act 1958 (Cth).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the proceeding."]