X v Borsody & Anor [1997] FCA 489

X v Borsody & Anor [1997] FCA 489

The amendment to the application for review is allowed because, at this stage, the applicants’ case is not manifestly untenable; due to the summary nature of the application, it cannot be said that the claim is hopeless under established legal principles for summary dismissal.

Jurisdiction
Australia
Judgment Date
21 April 1997
Procedural Posture
Judicial Review of Refugee Review Tribunal Determination / Interlocutory Hearing (motions to Amend Application and Summary Dismissal)
Outcome
Applicants granted leave to amend application; respondents' motion for summary dismissal dismissed.
Legal Topics
['protection Visas' 'summary Dismissal' 'judicial Review Grounds Under Migration Act' 'article 1 F Convention Relating to Status of Refugees']
['migration Law' 'administrative Law'] ['protection Visas' 'summary Dismissal' 'judicial Review Grounds Under Migration Act' 'article 1 F Convention Relating to Status of Refugees']

Case Brief

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Procedural Posture

Judicial Review of Refugee Review Tribunal Determination / Interlocutory Hearing (motions to Amend Application and Summary Dismissal)

Legal Issues

  1. 1 ['Whether the application for review discloses a reasonable cause of action' 'Whether the Refugee Review Tribunal’s finding was unsupported by evidence' "Limits of 'no evidence' ground under s 476(4) Migration Act" 'Operation of Article 1F of the Refugee Convention']

Ratio Decidendi

The amendment to the application for review is allowed because, at this stage, the applicants’ case is not manifestly untenable; due to the summary nature of the application, it cannot be said that the claim is hopeless under established legal principles for summary dismissal.

Court Disposition

Applicants granted leave to amend application; respondents' motion for summary dismissal dismissed.

Orders

  • ['Applicants have leave to file an amended application for an order of review generally in accordance with the proposed amended application filed on 21 April 1997, to be filed by 4.00pm on 23 April 1997.' "Respondents' motion filed on 16 April 1997 is dismissed." 'Applicants to pay respondents their costs of the...