Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant P116/02 V Refugee Review Tribunal [2004] FCA 645
MIGRATION – application for prerogative relief – review of decision of refugee review tribunal – whether refugee review tribunal breached s 425(1) of the Migration Act 1958 (Cth) by hearing an application for a protection visa in circumstances where, through fault of the applicant's legal representative, not all documentary evidence relevant to the applicant's case was presented – no jurisdictional error – order nisi refused
Migration Act 1958 (Cth) s 425(1)
Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597, referred to Minister for Immigration and Multicultural Affairs v SCAR (2003) ALR 293 at 301, [2003] FCAFC 126 at [38], referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to APPLICANT P116/02 v REFUGEE REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W226/03 MARSHALL J 20 MAY 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W226 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: APPLICANT P116/02
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 20 MAY 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application for an order nisi be refused.
2. The applicant pay the second respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W226 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
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