SJMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 67

SJMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 67

The applicant's only identified ground had no prospects of success because the Tribunal gave him a reasonable opportunity of about three weeks to respond to the s 424A information, he did not respond or place material before the Court showing he could have answered it, and the Tribunal expressly stated it did not take the matter into account in making its decision. Accordingly, the extension application was dismissed and the proceedings were struck out for failure to comply with Mansfield J's orders.

Jurisdiction
Australia
Judgment Date
04 February 2004
Procedural Posture
Application for Prohibition, Certiorari, Mandamus and an Injunction Concerning a Refugee Review Tribunal Decision Refusing a Protection Visa / Applicant's Application to Vary Earlier Orders and Extend Time for Compliance; Respondent's Notice of Motion to Strike Out Proceedings for Failure to Comply With Orders
Outcome
Proceedings struck out; applicant to pay the respondent's costs except costs concerning the respondent's notice of objection to competency filed on 19 November 2003.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act S 424 A' 'strike Out for Non Compliance With Court Orders' 'extension of Time']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'procedural Fairness' 'migration Act S 424 A' 'strike Out for Non Compliance With Court Orders' 'extension of Time']

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Procedural Posture

Application for Prohibition, Certiorari, Mandamus and an Injunction Concerning a Refugee Review Tribunal Decision Refusing a Protection Visa / Applicant's Application to Vary Earlier Orders and Extend Time for Compliance; Respondent's Notice of Motion to Strike Out Proceedings for Failure to Comply With Orders

Legal Issues

  1. 1 ["Whether delivery at the start of the Tribunal hearing of a letter under s 424A of the Migration Act 1958 (Cth) involved a breach of the Tribunal's obligation to afford a fair hearing." "Whether the applicant's proceedings had any prospect of success, relevant to the application to extend time and the respondent's strike out motion."]

Ratio Decidendi

The applicant's only identified ground had no prospects of success because the Tribunal gave him a reasonable opportunity of about three weeks to respond to the s 424A information, he did not respond or place material before the Court showing he could have answered it, and the Tribunal expressly stated it did not take the matter into account in making its decision. Accordingly, the extension application was dismissed and the proceedings were struck out for failure to comply with Mansfield J's orders.

Court Disposition

Proceedings struck out; applicant to pay the respondent's costs except costs concerning the respondent's notice of objection to competency filed on 19 November 2003.

Orders

  • ['The proceedings be struck out for failure to comply with the orders made by Mansfield J on 29 September 2003.' 'The applicant to pay the costs of the respondent of and in respect of the proceedings, save only for any costs occasioned by or arising in respect of the notice of objection to competency filed by the...