Applicant S1174 of 2002 v Refugee Review Tribunal

FEDERAL COURT OF AUSTRALIA Applicant S1174 of 2002 v Refugee Review Tribunal [2004] FCA 289 MIGRATION - PREROGATIVE WRIT RELIEF - whether informal discovery should be ordered - whether arguable case disclosed without informal discovery. Muin v Refugee Review Tribunal & Ors, Lie v Refugee Review Tribunal & Ors (2002) 190 ALR 601 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 APPLICANT S1174 OF 2002 v REFUGEE REVIEW TRIBUNAL & ANOR N1202 OF 2003 APPLICANTS S1656 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1042 OF 2003 APPLICANTS S1888 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1136 OF 2003 APPLICANT S1126 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1143 OF 2003 APPLICANT S1127 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1144 OF 2003 APPLICANTS S1128 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1145 OF 2003 APPLICANTS S1129 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1146 OF 2003 APPLICANT S1157 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1147 OF 2003 APPLICANT S1158 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1148 OF 2003 APPLICANT S1159 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1149 OF 2003 APPLICANT S1214 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N1150 OF 2003 APPLICANT S1130 OF 2003 v MINISTER FOR IMMIGRATION & 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OF 2003 APPLICANT S1714 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2023 OF 2003 APPLICANT S1715 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2024 OF 2003 APPLICANT S1716 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2025 OF 2003 APPLICANTS S1718 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2026 OF 2003 APPLICANT S1719 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2027 OF 2003 APPLICANT S1720 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2028 OF 2003 APPLICANT S1658 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2041 OF 2003 APPLICANT S1659 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2042 OF 2003 APPLICANTS S1660 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2043 OF 2003 APPLICANT S1661 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2044 OF 2003 APPLICANT S1662 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2045 OF 2003 APPLICANTS S1664 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2047 OF 2003 APPLICANT S1665 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2048 OF 2003 APPLICANT S1667 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2050 OF 2003 APPLICANT S1668 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2051 OF 2003 APPLICANT S1669 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2052 OF 2003 APPLICANT S1670 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2053 OF 2003 APPLICANT S1671 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2054 OF 2003 APPLICANT S1672 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2055 OF 2003 APPLICANT S1673 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2056 OF 2003 APPLICANT S1674 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2057 OF 2003 APPLICANT S1676 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2058 OF 2003 APPLICANT S1678 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2060 OF 2003 APPLICANTS S1679 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2061 OF 2003 APPLICANT S1680 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2062 OF 2003 APPLICANT S1682 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2064 OF 2003 APPLICANT S1683 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2065 OF 2003 APPLICANT S1684 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2066 OF 2003 APPLICANT S1685 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2067 OF 2003 APPLICANT S1686 OF 2003 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR N2068 OF 2003 APPLICANT S1687 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2069 OF 2003 APPLICANT S1688 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2070 OF 2003 APPLICANT S1689 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2071 OF 2003 APPLICANT S1690 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2072 OF 2003 APPLICANT S1692 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2074 OF 2003 APPLICANT S1694 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2075 OF 2003 APPLICANT S1695 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2076 OF 2003 APPLICANT S1696 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2077 OF 2003 APPLICANTS S1698 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2079 OF 2003 APPLICANT S1721 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2081 OF 2003 APPLICANT S1722 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2082 OF 2003 APPLICANT S1723 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2083 OF 2003 APPLICANT S1724 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2084 OF 2003 APPLICANT S1725 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2085 OF 2003 APPLICANTS S1727 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2087 OF 2003 APPLICANT S1728 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2088 OF 2003 APPLICANT S1729 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2089 OF 2003 APPLICANT S1730 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2090 OF 2003 APPLICANT S1731 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2091 OF 2003 APPLICANT S1732 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2092 OF 2003 APPLICANT S1734 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2094 OF 2003 APPLICANTS S1735 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2095 OF 2003 APPLICANT S1736 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2096 OF 2003 APPLICANT S1737 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2097 OF 2003 APPLICANTS S1738 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2098 OF 2003 APPLICANT S1739 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2099 OF 2003 APPLICANTS S1740 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2100 OF 2003 APPLICANT S1863 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2101 OF 2003 APPLICANTS S1864 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2102 OF 2003 APPLICANT S1865 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2103 OF 2003 APPLICANT S1866 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2104 OF 2003 APPLICANT S1867 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2105 OF 2003 APPLICANTS S1868 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2106 OF 2003 APPLICANT S1869 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2107 OF 2003 APPLICANT S1870 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2108 OF 2003 APPLICANTS S1871 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2109 OF 2003 APPLICANTS S1872 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2110 OF 2003 APPLICANT S1873 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2111 OF 2003 APPLICANT S1876 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2113 OF 2003 APPLICANT S1877 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2114 OF 2003 APPLICANT S1878 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2115 OF 2003 APPLICANTS S1879 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2116 OF 2003 APPLICANTS S1880 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2117 OF 2003 APPLICANT S1881 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2118 OF 2003 APPLICANT S1882 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2119 OF 2003 APPLICANT S1883 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2120 OF 2003 APPLICANT S1884 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2121 OF 2003 APPLICANTS S1885 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2122 OF 2003 APPLICANT S1875 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2122 OF 2003 APPLICANT S1886 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2123 OF 2003 APPLICANT S1887 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2124 OF 2003 APPLICANT S1889 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2125 OF 2003 APPLICANT S1890 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2126 OF 2003 APPLICANT S1891 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2127 OF 2003 APPLICANT S1892 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2128 OF 2003 APPLICANT S1893 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2129 OF 2003 APPLICANT S1894 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2130 OF 2003 APPLICANT S1895 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2131 OF 2003 APPLICANTS S1896 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2132 OF 2003 APPLICANT S1897 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2133 OF 2003 APPLICANT S1898 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2134 OF 2003 APPLICANT S1899 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2135 OF 2003 APPLICANT S1900 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2136 OF 2003 APPLICANT S1901 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2137 OF 2003 APPLICANT S1902 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2138 OF 2003 APPLICANTS S1915 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2151 OF 2003 APPLICANT S1916 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2152 OF 2003 APPLICANT S1917 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2153 OF 2003 APPLICANT S1918 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2154 OF 2003 APPLICANT S1920 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2156 OF 2003 APPLICANT S1921 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2157 OF 2003 APPLICANT S1922 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2158 OF 2003 APPLICANT S1923 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2159 OF 2003 APPLICANT S1969 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2160 OF 2003 APPLICANT S1924 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2168 OF 2003 APPLICANT S1925 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2169 OF 2003 APPLICANT S1926 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2170 OF 2003 APPLICANT S1927 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2171 OF 2003 APPLICANTS S1928 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2172 OF 2003 APPLICANT S1929 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2173 OF 2003 APPLICANT S1930 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2174 OF 2003 APPLICANTS S1931 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2175 OF 2003 APPLICANTS S1932 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2176 OF 2003 APPLICANT S1933 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2177 OF 2003 APPLICANT S1934 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2178 OF 2003 APPLICANT S1935 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2179 OF 2003 APPLICANTS S1936 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2180 OF 2003 APPLICANT S1937 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2181 OF 2003 APPLICANT S1938 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2182 OF 2003 APPLICANT S1939 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2183 OF 2003 APPLICANT S1940 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2184 OF 2003 APPLICANT S1941 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2185 OF 2003 APPLICANT S1942 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2186 OF 2003 APPLICANTS S1943 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2187 OF 2003 APPLICANT S1944 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2188 OF 2003 APPLICANT S1945 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2189 OF 2003 APPLICANT S1946 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2190 OF 2003 APPLICANT S1947 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2191 OF 2003 APPLICANT S1970 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2201 OF 2003 APPLICANT S1971 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2202 OF 2003 APPLICANT S1972 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2203 OF 2003 APPLICANTS S1973 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2204 OF 2003 APPLICANT S1974 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2205 OF 2003 APPLICANT S1975 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2206 OF 2003 APPLICANTS S1976 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2207 OF 2003 APPLICANT S1977 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2208 OF 2003 APPLICANT S1988 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2209 OF 2003 APPLICANT S1989 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2210 OF 2003 APPLICANTS S1990 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2211 OF 2003 APPLICANT S1991 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2212 OF 2003 APPLICANT S1993 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2213 OF 2003 APPLICANT S1994 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2214 OF 2003 APPLICANT S1995 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2215 OF 2003 APPLICANT S1984 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2216 OF 2003 APPLICANTS S1985 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2217 OF 2003 APPLICANTS S1978 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2218 OF 2003 APPLICANT S1979 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2219 OF 2003 APPLICANTS S1980 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2220 OF 2003 APPLICANT S1981 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2226 OF 2003 APPLICANT S1982 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2227 OF 2003 APPLICANT S1983 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2228 OF 2003 APPLICANT S1992 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2229 OF 2003 APPLICANT S1986 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2230 OF 2003 APPLICANT S1987 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2231 OF 2003 APPLICANTS S2001 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2232 OF 2003 APPLICANT S2002 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2233 OF 2003 APPLICANTS S2003 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2234 OF 2003 APPLICANTS S2004 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2235 OF 2003 APPLICANTS S2005 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2236 OF 2003 APPLICANT S2006 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2237 OF 2003 APPLICANT S1996 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2239 OF 2003 APPLICANTS S1997 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2240 OF 2003 APPLICANT S1998 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2241 OF 2003 APPLICANT S1999 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2242 OF 2003 APPLICANT S2000 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2243 OF 2003 APPLICANTS S2008 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2244 OF 2003 APPLICANTS S2009 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2245 OF 2003 APPLICANT S2010 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2246 OF 2003 APPLICANT S2011 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2247 OF 2003 APPLICANTS S2012 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2248 OF 2003 APPLICANT S2015 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2271 OF 2003 APPLICANTS S2016 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2272 OF 2003 APPLICANT S2017 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2273 OF 2003 APPLICANT S2025 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2274 OF 2003 APPLICANT S2026 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2275 OF 2003 APPLICANT S2027 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2276 OF 2003 APPLICANT S2028 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2277 OF 2003 APPLICANTS S2024 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2278 OF 2003 APPLICANTS S2022 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2280 OF 2003 APPLICANT S2021 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2281 OF 2003 APPLICANT S2020 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2282 OF 2003 APPLICANT S2019 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2283 OF 2003 APPLICANT S2018 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2284 OF 2003 APPLICANT S2019 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2285 OF 2003 APPLICANT S2030 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2286 OF 2003 APPLICANT S2031 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2287 OF 2003 APPLICANT S2032 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2288 OF 2003 APPLICANTS S2033 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2289 OF 2003 APPLICANT S2034 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2290 OF 2003 APPLICANTS S2035 OF 2003 v REFUGEE REVIEW TRIBUNAL & ANOR N2291 OF 2003 EMMETT J 20 FEBRUARY 2004 SYDNEY

Mr Markus: In relation to your request for informal discovery, my client is prepared to provide all the documents after proceedings are commenced.' 14 However, by mid-March 2003, Mr Joel realised that his office was unlikely to receive the country information and other documents that he had requested the Minister to furnish to him. By that time, his office had accepted instructions from about 900 clients, and, between late March and early April 2003, he assessed, as best he could, the prospects of success for each client. On 29 May 2003 approximately 650 applications for orders nisi were filed in the High Court, on 19 June 2003 a further 88 were filed and on 20 June a further 67 were filed. Each of those applications was, in accordance with the orders made by Gaudron J, remitted instanter to this Court. It is the bulk of those proceedings that are before me for directions today. 15 Counsel for the applicants in the proceedings, instructed by Mr Joel, has asked this Court to give a direction in each proceeding that the Minister serve on the applicant's solicitors copies of the following documents: · correspondence from the Tribunal to the applicant; · the 'Part B country information' documents listed in the decision of the Minister's delegate that are able to be located;

the country information documents referred to in the Tribunal's decision in relation to the applicant. 16 Counsel for the applicants did not make any submission that any of the applicants has a right or an entitlement to be given those documents at this stage of the proceeding. The Minister made it clear to the Court, through her solicitor, that she does not propose to give those documents to the applicants' solicitors, unless ordered to do so by the Court. Further, the Minister opposed the giving of any such direction by the Court. 17 The applications that were filed in May and June, which were remitted to this Court, are in virtually identical terms. In the present case, they consist of an affidavit by Mr Joel annexing copies of the reasons of the delegate and the reasons of the Tribunal in relation to the applicant, coupled with a draft order nisi. Mr Joel's affidavits in each matter also state whether or not the particular applicant was a represented party in the Lie proceeding or the Muin proceeding. 18 The form of draft order nisi filed in each case is in the form of an order that the Tribunal and the Minister show cause why, in respect of the Tribunal's decision, prerogative writ relief should not be granted, together with an order that there be an enlargement of time to permit the relevant applicant to commence proceedings for that relief. The ground for the relief are simply: 'The first respondent [the Tribunal] failed to accord the prosecutor procedural fairness.' No further particulars are given in the affidavits or in the draft orders nisi of the alleged denial of procedural fairness. 19 Order 55 of the High Court Rules deals with prerogative writs. Under r 1, an application for prerogative writ relief may be made to the Court or a Justice ex parte. It is to be supported by an affidavit. The application must, in the first instance, be for an order calling on the proposed respondent to show cause why the writ or order should not be issued or made. 20 Thus, the rule assumes that a proceeding for prerogative writ relief will progress on the basis of affidavit evidence. The affidavit is the document upon which a Justice of the High Court would determine whether the applicant had established that there were arguable grounds for the granting of an order nisi. To obtain an order nisi, an applicant must show that he or she has at least an arguable case that the Tribunal, whose proceedings are called into question, has erred in a manner that would justify final relief by way of an order absolute. Therefore, the affidavit should set out concisely the factual background to the proceedings, the issues that arose between the parties before the Tribunal, the grounds of complaint in respect of the decision and the reasons why those grounds are sufficient to justify the granting of an order nisi. 21 Under O 55 there are time limits within which proceedings are to be brought. In the case of a claim for a writ of certiorari, the limit is six months from the making of a decision. In the case of a claim for a writ of mandamus, the period is two months from the date of the refusal to hear the matter. 22 It is patent that the material filed in this proceeding and each of the other similar proceedings does not demonstrate an arguable case for the grant of any relief. There is a bald assertion that the Tribunal failed to accord the applicant procedural fairness, coupled with the reference to either the Lie or the Muin proceeding in which generalised assertions are made, but in respect of which no particulars are furnished. It is fair to say that counsel for the applicants in all of the proceedings currently before the Court, did not contend that this Court would entertain an application for an order nisi on the basis of the material filed in any of the proceedings. 23 The order made by Gaudron J, to which I have referred, clearly contemplated the making of an application for an extension of time within which to file an application for an order nisi, supported by an affidavit that showed at least an arguable case. Indeed, as I have said, an extension was obtained so that the applicant would be in a position to file an application for an order nisi that showed an arguable case. In fact, none of the applications as lodged, exhibits an arguable case. 24 In an affidavit sworn on 5 February 2004, Mr Joel referred to a direction proposed by the Minister that the applicant file and serve a statement of relevant facts and law, setting particulars of the grounds relied upon for the relief claimed. Mr Joel said that, in order to comply with such a direction, his office would need to receive from the Minister the documents referred to in the direction proposed by him, to which I have already referred. That is the first step that would need to be taken before there could be compliance with a direction to file and serve a statement of relevant facts and law setting out particulars of the grounds relied upon for the relief claimed. Thus, unless the Minister is prepared to make available material, which she says she is not prepared to make available, and which it has not been suggested the applicant is entitled to have made available, the applicant is incapable of formulating grounds, upon which, he says entitles him to the relief claimed in the draft order nisi. 25 In effect, the applicant is seeking an indulgence, both from the Court and from the Minister, to enable him to formulate an arguable case for relief. In the absence of any submission as to why the Minister should be ordered by the Court to furnish documents to which the applicant has no entitlement, I do not consider it appropriate to make the direction sought by the applicant. 26 There is a matter that I have taken into account as a consideration, although it is not directly relevant to the question of whether the direction sought should be made. There are 708 matters presently before me for directions. Mr Joel has indicated in his affidavit of 5 February 2004 that he has been instructed to continue in respect of only 274 of those matters. He has been expressly instructed to discontinue in respect of 102 matters and was, at that time, in the process of filing approximately 48 notices of withdrawal. Apart from some thirty clients based in Victoria, he was in the process of preparing notices of withdrawal in relation to the balance. One inference that can be drawn, and I do not necessarily say that I draw it, is that there is simply no basis presently known to Mr Joel upon which most of the applicants would be entitled to any relief. 27 Counsel for the present applicant referred to three issues as being relevant to the question of whether I should give the direction sought. The first issue concerned possible prejudice to the applicant if an order nisi was refused at this stage. The second issue concerns the reasonableness of Mr Joel's conduct in commencing this proceeding, and all the other proceedings before me, before having material available that demonstrated at least an arguable case. The third issue relates to the evidence that would be filed if the directions sought on behalf of the applicant were given. 28 The first possible prejudice adverted to was the suggestion that, the applicant, if an order nisi were refused at this stage, would be barred from relief by the principles of res judicata, issue estoppel or Anshun estoppel (see Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589), even if he were subsequently able to demonstrate an arguable case. I do not see any substance in that expressed concern. An order refusing an order nisi is clearly an interlocutory order. As such it would not foundany bar or estoppel against appropriate relief if grounds are established. Further, the Minister has assured the Court that there would be no submission made on behalf of the Minister, in relation to this application or any of the other applicants presently before me, that the refusal of an order nisi would constituted a bar to the commencement of a fresh proceeding claiming the same relief. 29 The second possible matter of prejudice was a concern that delay might be advanced as an answer to any claim for relief. The Minister has assured the Court that she will not make a submission in any future proceeding that there is no satisfactory explanation for the applicant's delay, from the time when the applicant was joined as a representative party in the High Court, to the time of refusal of an order nisi. Any delay from the time of the making of a decision by the Tribunal and the joinder of the applicant in the High Court proceeding would still remain to be explained, so would any delay from the time of refusal of an order nisi until the commencement of any fresh proceeding. 30 I do not consider that there would be any prejudice to the applicant or to any of the other applicants by the refusal of an order nisi. No such refusalwould stand in the way of successful prosecution of any subsequent application for prerogative writ relief if properly commenced and particularised. 31 Secondly, it was contended, on behalf of the applicant that, through his legal advisers, he had acted reasonably in not having filed material up to now that demonstrated an arguable case for relief. That, it seems to me, is not the correct question. Even if it were the case that the legal advisers acted reasonably, insofar as they commenced the proceeding on the basis of instructions given by the applicant (and I make no comment one way or the other), the question is whether there is any utility in allowing the proceeding to continue further, in circumstances where the applicant effectively acknowledges that he cannot succeed unless the Minister is directed to provide documents to which the applicant has no entitlement. 32 I express no view as to the propriety of the legal advisers in commencing this proceeding or any of the other proceedings presently before me without having adequate material to demonstrate at least an arguable case. However, it is clear that nothing has been advanced for nearly eighteen months, since the decisions of the High Court in Muin's case and Lie's case on 8 August 2002, as to why any of the applicants has an arguable case for the relief claimed in the draft orders nisi. The question is not whether the legal advisers have acted reasonably but whether the Court should now, in effect, direct discovery, either of an informal or formal nature, to enable the applicant to determine whether or not he has a case at all. 33 The third matter to which reference was made by counsel for the applicant is very much tied up with the matter that I have just dealt with, namely, the further evidence that would be filed if directions were given as sought. No doubt such evidence would be filed where it appeared, after the proposed informal discovery, that there was an arguable case for the relief claimed by the applicant. However, that is of no consequence if the Court does not direct informal discovery as sought. 34 I make no comment at all about the propriety or otherwise of the stance taken by the Minister in opposing the direction sought. It is, however, a well recognised principle that it is not open to a prospective claimant to commence a proceeding in order to utilise the procedures of the Court, such as discovery, notice to produce and subpoena, to find out whether the claimant has a case. The Federal Court Rules provide a process for obtaining discovery prior to commencement of proceeding. Order 15A was introduced for that purpose. In referring to that Order, I should not be taken to suggest that there would necessarily be any prospect of success, so far as the applicant is concerned, in making an application under Order 15A. Nor should I be taken to be suggesting that there is any reason why he might not succeed in such an application. 35 At the moment, I am not persuaded that there is any good reason why I should, at this stage of the proceeding, compel the Minister to furnish the documents sought in order for the applicant to tell the Court and the Minister what his case is. Since it is common ground that, in the absence of those documents, no arguable case can be established, it follows that an order nisi should be refused in the proceeding. 36 Counsel for the applicants has confirmed that the form of affidavit and order nisi filed in each of the other proceedings presently before me is in a relevantly similar form to that in this proceeding. Accordingly, I propose to make an order in each of the other proceedings before me refusing an order nisi. It follows from what I have said that there should also be orders, as contemplated by O 51A r 5(2), that the Court will not hear argument on whether an order absolute should be made. I certify that the preceding thirty-six (36) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

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Judgment (715 paragraphs)

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Legislation Cited (2)

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Cited By (18)