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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

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Cases

Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)

Re Patterson; Ex parte Taylor

Constitutional Law (Cth) - Naturalisation and aliens - Meaning of "aliens" in s 51(xix) - Law empowering cancellation of visa of "non-citizen" - Whether such a law, applied to a British subject who has lived in Australia for over 33 years, is a law with respect to naturalisation and aliens.

Constitutional Law (Cth) - External affairs power - Whether s 51 (xxix) supports application of s 501(3) of Migration Act 1958 (Cth) to the prosecutor, a British subject who has lived in Australia for over 33 years.


Constitutional Law (Cth) - Meaning of "Minister" in s 64 of the Constitution - Whether Parliamentary Secretary constituted the "Minister" for the purpose of s 64 - Whether Parliamentary Secretary constituted "the Minister personally" for the purpose of s 501(4) of the Migration Act 1958 (Cth).

Immigration - Jurisdictional error - Power of Minister to cancel a visa on character grounds under s 501(3) of Migration Act 1958 (Cth) - Prosecutor had been sentenced to a term of imprisonment of 12 months or more and accordingly had a "substantial criminal record" - Substantial criminal record grounds for failure of character test - Prosecutor could not possibly pass the character test - Respondent invited prosecutor to make representations to her to have the decision revoked under s 501C(4) of Migration Act 1958 (Cth) - Only ground for revocation was that prosecutor passed the character test - Whether invitation to make representations evinced misunderstanding of nature of decision - Whether misunderstanding amounted to a constructive failure of jurisdiction.

Immigration - Jurisdictional error - Power of Minister to cancel a visa on character grounds under s 501(3) of Migration Act 1958 (Cth) - requirement that decision be in national interest - Meaning of "national interest"
; - Whether Minister in this case satisfied that decision in national interest.

Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)

Singh v Commonwealth of Australia

Constitutional law (Cth) - Legislative powers of the Parliament - Power to make laws with respect to naturalization and aliens - Meaning of "aliens" - Plaintiff born in Australia to non-citizen parents - Infant plaintiff not a citizen under the Australian Citizenship Act 1948 (Cth) - Plaintiff's parents citizens of India - Whether plaintiff an alien under s 51(xix) of the Constitution.

Constitutional law (Cth) - Interpretation - Interpretive theories - Significance of historical context in constitutional interpretation - Use of Convention Debates.

Constitutional law (Cth) - Legislative powers of the Parliament - Whether Migration Act 1958 (Cth), s 198 validly authorises the removal of a non-alien from Australia because that person is a non-citizen under the Australian Citizenship Act 1948 (Cth).

Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

Muin v Refugee Review Tribunal

Lie v Refugee Review Tribunal

Administrative law - Constitutional writs - Procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse material - Jurisdictional error for denial of procedural fairness and natural justice.

Immigration - Refugee - Protection visa - Decision by Minister to refuse application for visa - Review of decision by Refugee Review Tribunal - Obligation of Secretary of Department of Immigration and Multicultural Affairs to give relevant documents to Registrar of Tribunal for purpose of review - Nature and extent of obligation - Migration Act 1958 (Cth), ss 418(3), 424(1).

Constitutional law (Cth) - High Court - Federal Court - Review of administrative decision by officers of the Commonwealth - Migration - Refusal to grant protection visa to claimant for refugee status - Requirement of procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse materials - Jurisdictional error - Availability of constitutional relief under s 75(v) and other relief for denial of procedural fairness and natural justice.

Al-Kateb v Godwin [2004] HCA 37 (6 August 2004)

Al-Kateb v Godwin

Immigration - Unlawful non-citizens - Detention pending removal from Australia - No real prospect of removal from Australia in reasonably foreseeable future - Whether detention lawful under Migration Act 1958 (Cth) - Whether detention is temporally limited by purpose of removal - Whether requirement to remove as soon as reasonably practicable implies time limit on detention.

Statutes - Acts of Parliament - Construction and interpretation - Where meaning ambiguous or uncertain - Presumption of legislative intention not to invade personal common law rights.

Constitutional law (Cth) - Judicial power of the Commonwealth - Unlawful non-citizen in immigration detention - No real prospect of removal from Australia in reasonably foreseeable future - Whether provision for indefinite detention without judicial order infringes Chapter III of the Constitution - Whether detention involves an exercise of judicial power of the Commonwealth by the Executive - Whether detention is for a non-punitive purpose.


Constitutional law (Cth) - Construction and interpretation - Whether Constitution to be interpreted to be consistent with international law of human rights and fundamental freedoms.

Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17 (29

Minister for Immigration and Multicultural Affairs v Jia

Re Minister for Immigration and Multicultural Affairs; Ex parte Jia

Minister for Immigration and Multicultural Affairs v White

Re Minister for Immigration and Multicultural Affairs; Ex parte White

Immigration - Actual bias - Prejudgment - Cancellation of visa by Minister - Public discussion by Minister of relevance of past criminal conduct to question of good character - Whether exercise of discretion by Minister was affected by bias.

Immigration - Procedural fairness - Reasonable apprehension of bias - Standard of conduct required of Minister exercising powers under Migration Act 1958 (Cth), ss 501 and 502 - Application of principles of bias and apprehended bias to members of executive government contrasted with their application to judges.

Immigration - Cancellation of visa by Minister under Migration Act 1958 (Cth), ss 501 and 502 - Whether powers under ss 501 and 502 can be exercised in a manner contrary to a tribunal decision without a material change in circumstances.

Administrative law - Natural justice - Bias - Actual and imputed - Immigration decision made by Minister - Whether exercise of discretion was affected by bias - Reference to individual case in public broadcast and private letter - Whether Minister's powers may be exercised in a manner contrary to a tribunal decision without a material change in circumstances.

Abebe v The Commonwealth; Re Minister for Immigration and Multicultural Aff

Abebe v The Commonwealth of Australia

Re The Minister for Immigration & Multicultural

Affairs & Anor; Ex parte Abebe

Constitutional law - Federal jurisdiction - Conferral of jurisdiction upon federal court to review decision of the Refugee Review Tribunal on limited grounds - Whether jurisdiction conferred is in respect of a matter - Meaning of "matter" in Ch III of the Constitution.

Constitutional law - Judicial power - Whether s 481(1)(a) of the Migration Act 1958 (Cth) requires a federal court to affirm the legality of a decision which may have been unlawfully made.

Immigration law - Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for prerogative relief - Meaning of "well-founded fear of being persecuted".

Re Woolley; Ex parte Applicants M276/2003 by their next friend GS [2004] HC

Re Woolley; Ex parte Applicants M276/2003 by their next friend GS

Immigration - Detention - Migration Act 1958 (Cth) ("Migration Act"), ss 189 and 196 - Whether detention of children authorised by Migration Act - Whether children may request release from detention under Migration Act, s 198 - Whether detention valid if children unable to request release - Relevance of international jurisprudence and parens patriae jurisdiction.

Constitutional law (Cth) - Judicial power of the Commonwealth - Immigration detention - Whether Migration Act, ss 189 and 196 validly require detention of children - Whether legislation reasonably capable of being seen as necessary for the purposes of reception, investigation, admission or deportation of aliens - Characterisation of detention as punitive or non-punitive.

Words and phrases - "judicial power", "alien", "decision-making capacity", "community", "membership of the Australian community".

"Applicant A" & Anor v Minister for Immigration and Ethnic Affairs & Anor [

"Applicant A" & Anor v

Minister for Immigration and Ethnic Affairs & Anor



Immigration - Refugee status - Fear of persecution by forcible sterilisation pursuant to China's "One Child Policy" - Whether persecution feared "for reasons of ... membership of a particular social group" - Whether legitimate to define particular social group by reference to fear of persecution.


Statutes - Interpretation - Statute incorporating provisions of international treaty - Approach to construction.

Minister for Immigration and Multicultural Affairs v Ibrahim [2000] HCA 55

Minister for Immigration and Multicultural Affairs v Haji Ibrahim

Immigration - Refugees - Protection visa - Clan-based conflict in Somalia - Whether persecution on Convention grounds - Use of terms "civil war", "civil conflict" and "systematic persecution" - Whether Convention definition permits or requires examination of the "motivation" for or "objects of" a "civil war" or "civil conflict" or demonstration of a "differential operation" upon an applicant's social group.

Words and phrases - "persecution" - "for reasons of race, religion, nationality, membership of a particular social group or political opinion".

Minister for Immigration and Multicultural Affairs v Yusuf; Re Minister for

Minister for Immigration and Multicultural Affairs v Yusuf

Re Minister for Immigration and Multicultural Affairs; Ex parte Yusuf

Minister for Immigration and Multicultural Affairs v Israelian

Re Minister for Immigration and Multicultural Affairs; Ex parte Israelian

Immigration - Refugees - Review by Refugee Review Tribunal of decision to refuse application for protection visa - Whether s 430(1)(c) of Migration Act 1958 (Cth) imposes a duty or obligation on Tribunal to make, and to set out, findings on all objectively material questions of fact.

Administrative law - Judicial review - Refugees - Application for protection visa - Judicial review of decision of Refugee Review Tribunal - Scope of grounds of review in Pt 8 of Migration Act 1958 (Cth) generally - Jurisdictional error as ground for review in s 476 of Migration Act 1958 (Cth).

Administrative law - Judicial review - Refugees - Application for protection visa - Judicial review of decision of Refugee Review Tribunal - Where Tribunal failed to refer to alternative basis of applicant's claim to have a well-founded fear of persecution - Whether constitutes a ground for judicial review in s 476 of Migration Act 1958 (Cth).

Administrative law - Judicial review - Refugees - Application for protection visa - Judicial review of decision of Refugee Review Tribunal - Significance of past acts to applicant's claim to have a well-founded fear of persecution - Where Tribunal made no express finding about one of three alleged past acts - Whether constitutes a ground for judicial review in s 476 of Migration Act.

Immigration - Refugees - Whether possible application of law of general application can give rise to a well-founded fear of persecution.

Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HC

Re Minister for Immigration and Multicultural Affairs; Ex parte Miah


Immigration - Refugees - Application for protection visa - Decision rejecting application for protection visa - Failure of decision-maker to give applicant opportunity to comment on change of circumstances - Whether denial of procedural fairness - Whether Pt 2 Div 3 Subdiv AB of Migration Act 1958 (Cth) constitutes a code excluding requirements of procedural fairness.

Immigration - Refugees - Application for protection visa - Decision rejecting application for protection visa - Whether decision-maker failed to apply correct test - Whether constructive failure to exercise jurisdiction.

Administrative law - Constitutional writs and orders - Constructive failure to exercise jurisdiction - Procedural fairness - Constitution, s 75(v).

Constitutional law - Writs under Constitution, s 75(v) - Constructive failure to exercise jurisdiction - Jurisdictional error for denial of procedural fairness and natural justice - Availability of constitutional writs under Constitution, s 75(v).

Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 (16 November 2000)

Re Refugee Review Tribunal; Ex parte Aala

Immigration - Refugees - Review Tribunal - Failure to afford procedural fairness - Prosecutor denied opportunity to be heard on matters affecting credibility - Whether prosecutor denied possibility of a successful outcome.

Administrative law - Constitutional writs - Nature of Constitutional writ of prohibition - Procedural fairness - Availability of writ of prohibition for failure to accord procedural fairness - Whether prohibition available as of right or by discretion - Whether application should be rejected due to delay.

Constitutional law - Construction of Constitution - Meaning to be given to words in s 75(v) - Relevance of meaning at time of commencement of Constitution.

Re Minister for Immigration and Multicultural Affairs; Ex parte Te; Re Mini

Re Minister for Immigration and Multicultural Affairs; Ex parte Te

Re Minister for Immigration and Multicultural Affairs; Ex parte Dang

Constitutional Law - Naturalisation and aliens - Immigration - Whether ss 200 and 501(2) of the Migration Act 1958 (Cth) are supported by s 51 (xix) or (xxvii) of the Constitution - Meaning of "alien" - Australian Citizenship Amendment Act 1984 (Cth) - Relevance to status of alienage of absorption into the community.

Immigration - Alien - Status and meaning of - Relevance to status of alienage of absorption into the community and allegiance to the Queen of Australia.

Minister for Immigration and Multicultural Affairs v Singh [2002] HCA 7 (7

Minister for Immigration and Multicultural Affairs v Singh

Immigration - Refugees - Exclusion from Convention protection for commission of "serious non-political crime" - Meaning of "serious non-political crime" - Whether murder can ever be a political crime - Proportionality of crime to political purpose - Relevance of revenge motive - Whether political purpose must be dominant, sole or significant purpose.

Immigration - Refugees - Exclusion from Convention protection - Commission of offence prior to "admission ... as a refugee" - Meaning of reference to admission as refugee - Whether refugee status must be determined before consideration of exclusion.

Judicial review - Jurisdiction - Review for errors of law - Interpretation of "serious non-political crime" in Refugees Convention - Decision about whether murder was a political crime - Whether decision reviewable for error of law.

Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2 (4 February 20

Plaintiff S157/2002 v Commonwealth of Australia

Statutes - Construction - Privative clauses - Whether the decision by the Refugee Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs refusing the plaintiff's application for a protection visa is a "privative clause decision" within s 474 of the Migration Act 1958 (Cth) ("the Act") - Whether s 474(1) of the Act is construed as ousting judicial review by the High Court.

Constitutional Law (Cth) - Whether s 474 and s 486A of the Act are invalid - Whether s 474(1)(c) of the Act is directly inconsistent with s 75 of the Constitution - Whether s 474(1)(a) and (b) of the Act are inseparable from s 474(1)(c) of the Act and are consequently invalid - Whether s 486A of the Act will apply to a "decision" when there has been jurisdictional error - Whether s 486A of the Act is a law incidental to the legislative power conferred by ss 51(xix), (xxvii), (xxix) of the Constitution - Whether s 486A of the Act is within the express incidental power conferred by s 51 (xxxix) of the Constitution - Whether s 486A of the Act is inconsistent with s 75(v) of the Constitution.


Immigration - Refugee Review Tribunal - Whether decision affirming the decision of a delegate of the Minister refusing application for a protection visa is a "privative clause decision" within s 474 of the Act - Whether s 474(1) of the Act ousts judicial review by the High Court pursuant to s 75 of the Constitution - Whether s 486A of the Act is constitutionally valid.

Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 (

Minister for Immigration and Multicultural Affairs v Eshetu

Re Minister for Immigration and Multicultural Affairs

& Anor; Ex parte Eshetu

Administrative law - High Court - Constitution, s 75(v) - Prohibition and mandamus - Refugee Review Tribunal - "Wednesbury" unreasonableness - Whether Tribunal acting within jurisdiction.

Immigration law - Refugees - Refugee Review Tribunal decision refusing to grant protection visa - Whether review available if Tribunal acts inconsistently with s 420 of the Migration Act 1958 (Cth) - Whether ground of review precluded by s 476(2)(b) of the Act - Whether failure of Tribunal to make certain findings of fact an error of law - "well-founded fear of being persecuted".

Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72 (9

Shaw v Minister for Immigration and Multicultural Affairs

Constitutional law (Cth) - Powers of the Parliament - Naturalisation and aliens - Applicant born in United Kingdom - Applicant entered Australia in 1974 - Applicant did not acquire Australian citizenship - Cancellation of applicant's visa by Minister - Whether power of cancellation validly extended to applicant - Whether applicant an "alien" for purposes of s 51(xix) of the Constitution - Whether applicant's statutory status as "British subject" at time of entry into Australia inconsistent with classification as "alien" - Whether applicant a "subject of the Queen" for purposes of s 117 of the Constitution.

Constitutional law (Cth) - Powers of the Parliament - Whether applicant subject to removal under power with respect to immigration - Whether applicant subject to removal under power with respect to external affairs - Whether implied nationhood power relevant.

Minister for Immigration and Multicultural and Indigenous Affairs v B [2004

Minister for Immigration and Multicultural and Indigenous Affairs v B

Courts and judicial system - Family Court - Jurisdiction - Scope of welfare jurisdiction - Constitutional basis of welfare jurisdiction - Whether conferral of jurisdiction in relation to a "matter" - Children in immigration detention - Whether welfare jurisdiction extends to children of marriages of parents in immigration detention - Whether Family Court in exercising welfare jurisdiction can make orders directed at third parties - Whether Family Court has power to order release from detention - Whether any general welfare jurisdiction and powers of Family Court authorises orders inconsistent with specific obligations imposed on federal officers under Migration Act.

Family law - Children - Children in immigration detention - Welfare jurisdiction - Scope of welfare jurisdiction - Whether welfare jurisdiction extends to children of marriages of persons in immigration detention - Whether court has power to order release from detention.

Family Court of Australia - Jurisdiction - Scope of welfare jurisdiction - Whether welfare jurisdiction extends to children of marriages of parents in immigration detention.

Family Court of Australia - Order - Certificate granting leave to appeal to High Court of Australia - Relevant considerations governing grant of such certificate.

Migration - Detention - Unlawful non-citizens - Children in immigration detention - Whether Family Court has power to make orders releasing children from detention.

International law - Interpretation of legislation in conformity with treaty obligations - Relevance and effect of provisions of treaties to which Australia is a party - Obligation to give effect to clear provisions of valid Australian statutory law notwithstanding alleged breaches of international law.

Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11

Minister for Immigration and Multicultural Affairs v Bhardwaj


Immigration - Immigration Review Tribunal - Powers and duties of Tribunal - Capacity of Tribunal to correct own error - Decision cancelling visa - Failure to consider correspondence from respondent - Reconsideration of decision - Whether decision involving jurisdictional error is a nullity - Whether Tribunal may of its own motion reconsider its decision - Whether validity of decision open to collateral attack.

Administrative law - Judicial review - Procedural fairness - Administrative decision - Tribunal required to give respondent opportunity to appear - Decision made after Tribunal mistakenly assumed respondent declined to appear - Whether jurisdictional error constituted by denial of procedural fairness - Whether failure to exercise jurisdiction - Whether Tribunal authorised to make fresh decision - Whether invalidity of decision could be raised in collateral attack on validity of decision in proceedings.

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002

Appellant S106/2002 v Minister for Immigration and Multicultural Affairs

Immigration - Refugees - Temporary protection visas - Application for certiorari, prohibition and mandamus under s 75(v) of the Constitution - Where Refugee Review Tribunal found that applicant was an unreliable witness and discounted evidence said to be corroborative - Whether Tribunal's decision was "irrational, illogical and not based upon findings or inferences of fact supported by logical grounds" - Whether Tribunal's decision was affected by actual bias or by a reasonable apprehension of bias - Whether Tribunal's decision was vitiated by jurisdictional error - Distinction between discretionary decisions and decisions involving the finding of facts essential to the exercise of jurisdiction - Whether Tribunal's decision evidenced an erroneous approach to the finding of jurisdictional facts.

Constitutional law - Section 75(v) of the Constitution - Review of administrative decisions - Jurisdictional error - Bias - Extent to which the content of the constitutional writs is affected by common law developments in administrative law - Availability of constitutional writs in proceedings that include an appeal concerning related issues.

Administrative law - Judicial Review - Whether Tribunal's decision was "irrational, illogical and not based upon findings or inferences of fact supported by logical grounds" - Unavailability of review of factual or evidentiary merits - Whether relief available under Migration Act 1958 (Cth) ("the Act") or under the Constitution, s 75(v) - Whether Tribunal had no jurisdiction to make the decision - Whether the decision was not authorised by the Act - Whether the decision was marred by error of law - Whether the decision was so unreasonable that no reasonable tribunal would have made it.

Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HC

Minister for Immigration and Multicultural Affairs v Rajamanikkam

Immigration - Protection visa - Decision of a delegate to the Minister for Immigration and Multicultural Affairs refusing the respondent's application for protection visa and refugee status - Delegate's decision affirmed by Refugee Review Tribunal - Respondent from Sri Lanka lodged application for refugee status and protection visa on basis of fear of persecution - Refugee Review Tribunal rejected the respondent's application concluding the primary claim was concocted - Consideration of the scope of "no evidence" ground of review in s 476(1)(g) and s 476(4) of the Migration Act 1958 (Cth) - Whether factors identified by Refugee Review Tribunal going to the credibility of the respondent were based on facts that did not exist - Whether "no evidence" ground made out - Whether particular facts on which the respondent relied did exist - Whether particular facts that did not exist were critical to the making of the Refugee Review Tribunal's decision - Relevance of similar provisions in Administrative Decisions (Judicial Review) Act 1977 (Cth).

Administrative law - Judicial review of administrative decisions - No evidence ground in Migration Act 1958 (Cth), ss 476(1)(g) and (4) - Adverse finding as to credibility of male applicant for refugee status and protection visa - Whether such finding invalidated in law because "based on" the existence of a particular fact, critical to the decision, found on review to be unsupported by evidence - Importance of distinction between judicial review and merits review of factual conclusions.

Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2

Minister for Immigration and Multicultural and Indigenous Affairs v SGLB

Immigration - Refugees - Procedural fairness - Refugee Review Tribunal - Jurisdictional error - Expert medical advice - Psychological state of applicant assumed to be possible explanation for unsatisfactory evidence - Whether denial of procedural fairness by failing to order further psychological assessment of applicant - Whether denial of procedural fairness by accepting that applicant suffered stress disorder - Whether denial of procedural fairness by acceptance of effects of disorder on applicant without expert medical advice.

Statutes - Construction - Privative clause - Whether putative errors of the Refugee Review Tribunal fell within the operation of s 474 of the Migration Act 1958 (Cth).

Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003]

Re Minister for Immigration and Multicultural Affairs; Ex parte Lam

Administrative Law - Application for certiorari and prohibition - Procedural fairness - Cancellation of applicant's visa for failure to pass character test under s 501(6) of Migration Act 1958 (Cth) - Decision maker informed applicant that it would seek information from third party but then did not do so - Whether applicant denied procedural fairness - Legitimate expectation.

Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14 (

Minister for Immigration and Multicultural Affairs v Khawar

Immigration - Refugees - Application for protection visa - Well-founded fear of persecution - Applicant, a citizen of Pakistan, allegedly victim of domestic violence at the hands of her husband and his family - Whether failure by State to provide effective police protection against domestic violence capable of constituting persecution for a Convention reason where the feared violence is perpetrated by non-State agents for non-Convention reasons - Whether Convention requirement that putative refugee be "unwilling to avail himself of the protection" of the country of nationality refers to protection by the State within the country of origin or to diplomatic or consular protection available to citizens who are outside the country of origin - Whether selective or discriminatory failure by State to enforce the criminal law against non-State actors who assault members of a particular social group capable of constituting persecution under the Convention.

Immigration - Refugees - Application for protection visa - Membership of a particular social group - Applicant, a citizen of Pakistan, allegedly victim of domestic violence at the hands of her husband and his family - Whether "women in Pakistan" a particular social group - Whether applicant may fall within a more narrowly defined social group.

Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11 (12

Minister for Immigration and Multicultural Affairs v Wang

Immigration - Review - Refugee Review Tribunal - Orders made by Federal Court on application for review - Where Tribunal erred in law in making earlier decision - Power of Court to refer matter to Tribunal constituted by member who made earlier decision - Power of Court to give direction as to constitution of Tribunal - Proper considerations in exercise of such discretion - Whether direction in the interests of justice - Whether necessary to do justice to preserve Tribunal's findings of fact on first review.

Immigration - Review - Refugee Review Tribunal - Nature of proceedings before - How Tribunal in second hearing should regard findings of fact made in first hearing.

Minister for Immigration and Multicultural Affairs v Respondents S152/2003

Minister for Immigration and Multicultural Affairs v Respondents S152/2003

Immigration - Refugees - Applications for protection visas by de facto husband and wife nationals of Ukraine - Well-founded fear of persecution - Husband claimed to suffer religious persecution as Jehovah's Witness - Refugee Review Tribunal found that incidents of which husband complained were individual and random incidents and did not amount to persecution, and that the chance that he would suffer persecution in future was remote - Tribunal rejected claim that state encouraged or condoned persecution of Jehovah's Witnesses - Whether Full Court of Federal Court erred in concluding that Tribunal committed jurisdictional error in failing to consider a different claim of whether the husband might suffer future harm from private individuals because of religious belief and whether the government of Ukraine was able in a practical sense to stop such harm occurring - Absence of evidence before Tribunal to support a conclusion that Ukraine did not provide level of protection required.

Immigration - Refugees - Applications for protection visas - Relevance of attitude or capacity of state to whether fear of harm well-founded, to whether there is persecution, to whether a person is outside country of nationality owing to well-founded fear of persecution and to unwillingness of person to seek protection of state - Protection theory and accountability theory - Non-state actor - Harm by non-state actors - Persecution by non-state actors - State complicity in persecution - Persecution tolerated or condoned by state - Failure of state protection - Unwilling or unable to provide protection.

International law - Treaty - Interpretation - Refugees Convention - "Persecution" - Different theories of persecution - Meaning of treaty provisions - Proper approach to meaning - Primacy of text - Approaches of courts in countries of refuge - Protection theory and accountability theory - Whether a third theory applicable.

Minister for Immigration and Multicultural Affairs v Respondents S152/2003

Minister for Immigration and Multicultural Affairs v Respondents S152/2003

Immigration - Refugees - Applications for protection visas by de facto husband and wife nationals of Ukraine - Well-founded fear of persecution - Husband claimed to suffer religious persecution as Jehovah's Witness - Refugee Review Tribunal found that incidents of which husband complained were individual and random incidents and did not amount to persecution, and that the chance that he would suffer persecution in future was remote - Tribunal rejected claim that state encouraged or condoned persecution of Jehovah's Witnesses - Whether Full Court of Federal Court erred in concluding that Tribunal committed jurisdictional error in failing to consider a different claim of whether the husband might suffer future harm from private individuals because of religious belief and whether the government of Ukraine was able in a practical sense to stop such harm occurring - Absence of evidence before Tribunal to support a conclusion that Ukraine did not provide level of protection required.

Immigration - Refugees - Applications for protection visas - Relevance of attitude or capacity of state to whether fear of harm well-founded, to whether there is persecution, to whether a person is outside country of nationality owing to well-founded fear of persecution and to unwillingness of person to seek protection of state - Protection theory and accountability theory - Non-state actor - Harm by non-state actors - Persecution by non-state actors - State complicity in persecution - Persecution tolerated or condoned by state - Failure of state protection - Unwilling or unable to provide protection.

International law - Treaty - Interpretation - Refugees Convention - "Persecution" - Different theories of persecution - Meaning of treaty provisions - Proper approach to meaning - Primacy of text - Approaches of courts in countries of refuge - Protection theory and accountability theory - Whether a third theory applicable.

Minister for Immigration and Ethnic Affairs v Guo Wei Rong & Anor [1997] HC

Minister for Immigration and Ethnic Affairs v Guo Wei Rong & Anor



Immigration - Refugee status - Fear of persecution by punishment for illegal departures from China and contravention of China's "one child policy" - Whether fear of persecution "for reasons of ... membership of a particular social group or political opinion" - Whether fear of persecution "well-founded" - Real chance test.

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002

Immigration - Refugees - Refugee Review Tribunal - Procedural fairness - Whether Tribunal misled applicant into believing factual claim had been accepted as true - Whether Tribunal relied on evidence tendered earlier to disbelieve factual claim without giving applicant opportunity to demonstrate evidence was not inconsistent with factual claim - Whether Tribunal relied on belated disclosure of rape incident to disbelieve factual claim in circumstances where belated disclosure might have been explicable - Whether subsequent hearing and provision of written submissions cured any earlier breach of requirements of procedural fairness - Inquisitorial hearing by Tribunal - Whether failure by Tribunal to afford procedural fairness amounting to jurisdictional error.

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex pa

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme

Immigration - Refugees - Minister - Decision to cancel visa - Whether decision affected by jurisdictional error - Whether prosecutor denied procedural fairness - Whether constructive failure to exercise jurisdiction - Whether decision affected by "Wednesbury unreasonableness" - Whether alleged failure by Minister to notify prosecutor in writing of reasons for decision infected decision with jurisdictional error - Migration Act 1958 (Cth), s 501G.

WACB v Minister for Immigration and Multicultural and Indigenous Affairs [2

WACB v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration - Refugees - Non-citizen - Illiterate and unaccompanied minor in immigration detention - Application for review by the Federal Court of decision of Refugee Review Tribunal - Whether under s 478(1)(b) of the Migration Act 1958 (Cth) the application for review was lodged within 28 days of the applicant being notified of the decision - Whether applicant "notified of the decision" under s 478(1)(b) by being told of outcome of decision - Whether giving to the applicant the written statement under s 430 is required for notification under s 478(1)(b).

Statutes - Construction - Whether under s 478(1)(b) of the Migration Act 1958 (Cth) the application for review was lodged within 28 days of the applicant being notified of the decision - Whether the Minister's obligations as statutory guardian under s 6 of the Immigration (Guardianship of Children) Act 1946 (Cth) are relevant to the construction of s 478(1)(b).

Appellant S395/2002 v Minister for Immigration and Multicultural Affairs; A

Appellant S395/2002 v Minister for Immigration and Multicultural Affairs

Appellant S396/2002 v Minister for Immigration and Multicultural Affairs

Immigration - Refugees - Particular social group identified as homosexual men in Bangladesh - Whether well-founded fear of persecution - Whether error of law by Refugee Review Tribunal in finding that no real chance of persecution because appellants conducted themselves discreetly and would continue to do so - Whether finding had effect of requiring appellants to act discreetly to avoid persecution - Whether need to act discreetly to avoid serious harm constituted persecution.

Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA

Applicant S v Minister for Immigration and Multicultural Affairs

Immigration - Refugees - Application for protection visa - Well-founded fear of persecution for reason of membership of particular social group - Particular social group identified as able-bodied young men from Afghanistan - Whether member of a particular social group - Whether Afghan society must perceive the particular social group - Whether well-founded fear of persecution - Whether enmity or malignity necessary to establish persecution - Whether facts reveal law of general application - Whether implementation of law of general application can amount to persecution - Whether implementation of ad hoc policy can amount to persecution.

Words and phrases: "Particular social group", "well-founded fear of persecution", "law of general application", "legitimate national objective".

Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka [2

Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka

Immigration - Refugees - Protection visa - Affirmation by Refugee Review Tribunal of decision to refuse application for protection visa - Public statements made by Tribunal member on personal Internet home page about truthfulness of applicants for refugee status - Whether Pt 7 of Migration Act 1958 (Cth) constitutes a code excluding the common law rules of natural justice and in particular the ostensible bias rule.

Administrative law - Natural justice - Bias - Reasonable apprehension of bias - Whether a reasonable party or member of the public might apprehend that decision of Tribunal member was affected by a prejudiced mind - Whether ostensible bias may be inferred from statements made after a decision.

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex pa

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002

Immigration - Refugees - Temporary protection visas - Refugee Review Tribunal ("the Tribunal") affirmed decision of delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") not to grant protection visas - Minister not bound to consider whether to exercise power - Minister decided not to exercise power under s 417 of the Migration Act 1958 (Cth) ("the Act") to substitute for the decision of the Tribunal a decision more favourable to the prosecutors - Whether decisions of the Tribunal and the Minister "privative clause decisions" under s 474 of the Act.

Immigration - Refugees - Applications for temporary protection visas by mother and children - First prosecutor's application asserted that she was a person to whom Australia had protection obligations under the Refugees Convention - Application not made on basis of membership of a family unit, to one of whom protection obligations were owed - Documents before the Tribunal indicated that the first prosecutor's husband held a temporary protection visa and had applied for a permanent protection visa - First prosecutor did not know of her husband's whereabouts or immigration status - Tribunal did not notice documents or appreciate their significance - Tribunal did not consider whether prosecutors entitled to protection visas on basis of membership of a family unit of which one person was owed protection obligations and had been granted a protection visa - Whether constructive failure to exercise jurisdiction - Whether denial of procedural fairness.

Immigration - Refugees - Whether jurisdictional error in decision by Minister to refuse to substitute for the decision of the Tribunal a decision more favourable to the prosecutors - Utility of relief.

Dranichnikov v Minister for Immigration and Multicultural Affairs; Re Minis

Dranichnikov v Minister for Immigration and Multicultural Affairs

Re Minister for Immigration and Multicultural Affairs; Ex parte Dranichnikov

Immigration - Refugees - Protection visa - Fear of persecution for reason of membership of particular social group - Whether Refugee Review Tribunal considered applicant was member of broader class of social group than that claimed - Whether Tribunal misunderstood and failed to address applicant's case - Whether constructive failure by Tribunal to exercise jurisdiction - Whether failure to accord natural justice.

Practice and procedure - High Court - Concurrent applications for special leave to appeal and for constitutional writs - Discretionary considerations in the grant of constitutional relief - Whether availability of appeal a discretionary bar to constitutional relief - Relevance of repeal of applicable legislation to the form of relief provided.

Chen Shi Hai v The Minister for Immigration and Multicultural Affairs [2000

Chen Shi Hai v The Minister for Immigration and Multicultural Affairs

Immigration law - Refugees - Appeal from decision of Refugee Review Tribunal - Application on behalf of minor by his next friend for grant of protection visa - Application refused - Appellant "black child" under the one child policy of the People's Republic of China - Unchallenged finding by Refugee Review Tribunal that appellant would suffer serious disadvantage amounting to persecution - Whether "black children" constituted a "particular social group" for the purposes of the Convention relating to the Status of Refugees - Whether appellant faced persecution "for reasons of" membership of such a group or by reason of parents' conduct in contravening the one child policy - Whether persecution can arise in the absence of "enmity" or "malignity".

Minister for Immigration and Multicultural Affairs v Thiyagarajah [2000] HC

Minister for Immigration and Multicultural Affairs v Thiyagarajah

Administrative law - Judicial review of administrative decision - Error of law - Rejection of application for protection visa - Error must affect decision to affirm the refusal of grant of a protection visa - Refugee Review Tribunal made no error of law - Absence of power in RRT to reconsider its own decision by reason of later changed circumstances - Appeal against decision to affirm RRT's decision to refuse protection visa - Power of Federal Court to review decisions limited by Migration Act 1958 (Cth), s 476 - Power of applicant to seek second application for protection visa limited by ss 48A and 48B - Whether Federal Court has power under s 481 to refer matter to RRT for further consideration to take account of changed circumstances.

Re The Minister for Immigration and Multicultural Affairs; Ex parte Duraira

Re The Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham

Immigration law and Administrative law - Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for prerogative relief - Whether Tribunal failed to take into account relevant considerations and evidence - Whether Tribunal failed to consider all available inferences from evidence - Whether s 430(1) of the Migration Act 1958 (Cth) required the Tribunal to refer to evidence contrary to its findings - Whether a breach of s 430(1) amounts to a jurisdictional error grounding prerogative relief.

Constitutional law - Federal jurisdiction - Role of the High Court under the Constitution - Extent of High Court's jurisdiction to grant certiorari pursuant to s 75(v) of the Constitution.

Words and phrases - "well-founded fear of persecution" - "reasons for the decision".

Behrooz v Secretary of the Department of Immigration and Multicultural and

Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs

Immigration - Appellant charged with offence of escape by unlawful non-citizen from immigration detention contrary to s 197A of the Migration Act 1958 (Cth) - Appellant sought issue of witness summonses pursuant to Magistrates Court Act 1991 (SA) seeking production of documentary material relating to conditions and complaints about conditions at detention centre - Whether material sought by witness summonses could have assisted appellant in his defence - Whether, by reason of conditions at detention centre, it could be said that appellant did not escape from "immigration detention" within the meaning of the offence.

Immigration - Constitutional law (Cth) - Whether detention under harsh or inhumane conditions is authorised by the Migration Act 1958 (Cth) - Whether Migration Act 1958 (Cth) only authorises detention under conditions that are reasonably capable of being seen as necessary for migration control purposes - Whether detention in harsher conditions would be punitive and therefore could not validly be authorised except as a consequence of the exercise of the judicial power under Ch III of the Constitution - Distinction between lawful authority to detain and means by which detention is achieved and enforced - Relevance of potential availability of other civil, criminal or administrative remedies to the construction of the statutory offence - Relevance of Constitutional principles and international law to construction of statutory offence.

Constitutional law (Cth) - Construction of the Constitution - Whether international law applicable to interpretation of the Constitution.

Minister for Immigration and Multicultural and Indigenous Affairs v Al Khaf

Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji

Immigration - Unlawful non-citizens - Detention pending removal from Australia - No real prospect of removal from Australia in reasonably foreseeable future - Whether detention lawful under Migration Act 1958 (Cth) - Whether detention is temporally limited by purpose of removal - Whether requirement to remove as soon as reasonably practicable implies time limit on detention.

Statutes - Acts of Parliament - Construction and interpretation - Where meaning ambiguous or uncertain - Presumption of legislative intention not to invade personal common law rights.

Constitutional law (Cth) - Judicial power of the Commonwealth - Unlawful non-citizen in immigration detention - No real prospect of removal from Australia in reasonably foreseeable future - Whether provision for indefinite detention without judicial order infringes Chapter III of the Constitution - Whether detention involves an exercise of judicial power of the Commonwealth by the Executive - Whether detention is for a non-punitive purpose.


Constitutional law (Cth) - Construction and interpretation - Whether Constitution to be interpreted to be consistent with international law of human rights and fundamental freedoms.

Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen [2001

Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen

Constitutional law - Constitutional relief - Jurisdictional error - Whether the Migration Review Tribunal made a jurisdictional error.

Practice and procedure - Constitutional relief - Migration Regulations 1994 (Cth) - Whether the applicant was entitled to have his application determined on the basis that the "special need relative" criterion was still available.

Practice and procedure - Constitutional relief - Remitter to the Federal Court - When remitter to the Federal Court is appropriate.

Practice and procedure - Constitutional relief - Whether writ of prohibition properly sought against the Minister.

Practice and procedure - Constitutional relief - Whether writ of mandamus properly sought against the Principal Member of the Migration Review Tribunal.

Re Minister for Immigration and Multicultural Affairs; Ex parte P T [2001]

Re Minister for Immigration and Multicultural Affairs; Ex parte P T

Migration - Application for protection as refugee - Failure of Minister's delegate to afford interview to applicant - Whether failure amounts to breach of rules of natural justice - Whether delegate lacked jurisdiction and whether constitutional writ should issue.

Migration - Refugee application - Asserted fear of extortion by criminals - Asserted fear of lack of protection by authorities for reasons of race - Whether fear of extortion outside grounds of protection - Whether relevant fear proved.

Administrative law - Natural justice - Content of - Relevance of legislative framework for decision - Decision on refugee claim by delegate of Minister - No statutory obligation to interview applicant - Whether failure to interview amounts to breach of common law rules of natural justice.

Practice - Proceedings for constitutional writ of prohibition - Refugee claim under Migration Act 1958 (Cth) - Use of pseudonym in High Court - Need for reasonably arguable case for issue of order nisi for constitutional writ - Review of decision of Minister's delegate - Avoidance of pernickety scrutiny of reasons.

Practice - Costs - Migration Act proceedings - Application for refugee protection - Application fails - Review by Refugee Review Tribunal unavailable by reason of delay by applicant - Application of ordinary rule as to costs.

Re Minister for Immigration and Multicultural Affairs; Ex parte Holland [20

Re Minister for Immigration and Multicultural Affairs; Ex parte Holland

Migration - Application for Spouse visa - Applicant claims de facto married relationship with Australian citizen involving mutual commitment to a shared life to the exclusion of all others - Delegate of Minister and Immigration Review Tribunal refuse visa - Application to High Court for constitutional relief and certiorari - Australian citizen already married undergoes second Islamic marriage to applicant - Whether second marriage a "marriage" within Migration Regulations - Whether Tribunal arguably erred in the exercise of its jurisdiction to conduct review - Whether jurisdictional error arguably established by breach of rules of natural justice - Whether bias of Tribunal member arguably demonstrated.

Constitutional law - Constitutional writ of prohibition and writ of certiorari to perfect its remedies - Requirement of jurisdictional error - Whether jurisdictional error established as reasonably arguable - Need to observe distinction between jurisdictional error and appeal on merits - Unavailability of constitutional writs to correct errors within jurisdiction - Whether reasonably arguable case demonstrated for grant of order nisi.

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex pa

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S190 of 2002

Immigration - Refugees and protection visas - Constitutional writs of prohibition and mandamus sought against officers of the Commonwealth - Decision of officer of a federal department not to refer to the Minister a request to make a further application in Australia for a protection visa after an earlier such application has failed - Whether such non-reference was arguably manifestly unreasonable - Ministerial guidelines - Minister has no duty under Act to consider whether to exercise the power - Inferences available from the evidence - Appearance of applicant's name on electronic report of Federal Court decision - Subsequent enactment of legislative prohibition on identification of applicants for refugee status.

Practice - High Court - Application for orders nisi for constitutional writs - Application to add further party - Sufficiency of evidence to establish reasonably arguable case for relief - Evidence of departmental form - Absence of reasons - No duty to state reasons - Distinction between hearing on merits and constitutional review - Limits of constitutional relief.

Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim [200

Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim

Immigration law and administrative law - Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for constitutional writs and injunction - Whether denial of natural justice by reason of statutory provision restricting representation and cross-examination at the hearing - Whether denial of natural justice by failing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by taking into account an irrelevant consideration in refusing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by making findings of facts so unreasonable that no reasonable Tribunal could have come to them - Whether denial of natural justice by failing to warn that a document referred to in a decision relied upon by the applicant would be relied upon - Whether denial of natural justice by failing to provide a fair and just mechanism for review and by failing to act according to the substantial justice of the case.

Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim [200

Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim

Immigration law and administrative law - Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for constitutional writs and injunction - Whether denial of natural justice by reason of statutory provision restricting representation and cross-examination at the hearing - Whether denial of natural justice by failing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by taking into account an irrelevant consideration in refusing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by making findings of facts so unreasonable that no reasonable Tribunal could have come to them - Whether denial of natural justice by failing to warn that a document referred to in a decision relied upon by the applicant would be relied upon - Whether denial of natural justice by failing to provide a fair and just mechanism for review and by failing to act according to the substantial justice of the case.

Re Minister for Immigration and Multicultural Affairs & Anor; Ex Parte SE [

Re Minister for Immigration and Multicultural Affairs & Anor; Ex Parte SE

Immigration - Refugee - Protection visa - Refugee Review Tribunal affirmed decision to deny protection visa - Whether decision of Refugee Review Tribunal unreasonable - Whether failure to take relevant considerations into account - Whether Refugee Review Tribunal followed statutory procedure - Whether proposed removal unlawful.

Administrative Law - Application for prerogative relief - Application for interlocutory injunction restraining removal.

Re Refugee Review Tribunal; Ex parte HB [2001] HCA 34 (8 June 2001)

Re Refugee Review Tribunal; Ex parte HB

Immigration - Application for protection visa - Claim to refugee status - Claim rejected by Refugee Review Tribunal - Application to High Court for constitutional writs - Whether order nisi should issue - Unrepresented applicant held in immigration detention - Applicable principles - Mention by Tribunal of humanitarian considerations - Whether jurisdictional error demonstrated - No reasonably arguable case.

High Court Practice - Constitutional writs under s 75(v) of the Constitution - Application for order nisi - Applicable principles - Whether grounds reasonably arguable - Absence of demonstrated jurisdictional error.

Administrative law - Breach of rules of natural justice - Allegation of apprehended or ostensible bias - Whether amounts to jurisdictional error - Whether propounded grounds for order nisi for constitutional writs reasonably arguable.

Legal aid - Unrepresented litigant in immigration detention - Application for order nisi for constitutional writs - Role of a federal court in respect of application.

Re Minister for Immigration and Multicultural Affairs; Ex parte Goldie; Gol

Re Minister for Immigration and Multicultural Affairs; Ex parte Goldie

High Court - Practice - Costs - Taxation - Counsel fees - Australian Government Solicitor ("AGS") providing services of both solicitor and counsel - Brief marked at a daily rate and an hourly rate delivered by AGS solicitor to AGS in-house counsel - Invoices of fee raised for performance of services in the role of counsel and consolidated with other charges - Whether allowances should be made for AGS in-house counsel fees where in-house counsel acting as counsel - Whether fees allowed under High Court Rules, O 71 r 91 - Whether AGS is a practitioner or firm of practitioners within the meaning of High Court Rules, O 71 r 93 - Whether AGS is the Commonwealth within the meaning of High Court Rules, O 71 r 93.

Re The Minister for Immigration and Multicultural Affairs; Ex parte Fejzull

ORDER
In the case of each summons, the application is dismissed with costs.

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex pa

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Akpata

Administrative law - Jurisdictional error - Natural justice - Privative clause - Failure to inform applicant that refusal of parent visa would result in automatic cancellation of bridging visa and detention of applicant - Alleged failure to afford applicant opportunity to put before Minister material concerning financial and emotional impact detention would have on him and his family and its impact on the preparation by applicant of pending special leave application - Alleged failure by Minister to take into account these matters - Whether Minister's decision protected by s 474 of the Migration Act 1958 (Cth) ("the Act").

Immigration - Refusal by Minister of application for parent visa on "character grounds" under s 501 of the Act - Minister "taken to have decided to cancel" bridging visa held by applicant by force of s 501F(3) of the Act - Applicant thereby became an "unlawful non-citizen" subject to immigration detention - Application under s 75(v) of the Constitution - Whether operation of s 474 of the Act attracted - No attack on validity of s 474 - Application of reasoning in R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 and R v Murray; Ex parte Proctor (1949) 77 CLR 387 to construction of s 474 - Whether distinct procedural fairness requirement attached to cancellation of bridging visa under s 501F(3) of the Act.

Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of A

Re The Minister for Immigration and Ethnic Affairs

of the Commonwealth of Australia & Anor; Ex Parte Lai Qin


Practice and Procedure - Costs - Principles governing exercise of cost discretion - Prosecutor achieved success by extra-curial means - Whether respondents should pay applicant's costs of Court proceedings.

Re Refugee Review Tribunal; Ex parte HB [2001] HCA 34 (8 June 2001)

Re Refugee Review Tribunal; Ex parte HB

Immigration - Application for protection visa - Claim to refugee status - Claim rejected by Refugee Review Tribunal - Application to High Court for constitutional writs - Whether order nisi should issue - Unrepresented applicant held in immigration detention - Applicable principles - Mention by Tribunal of humanitarian considerations - Whether jurisdictional error demonstrated - No reasonably arguable case.

High Court Practice - Constitutional writs under s 75(v) of the Constitution - Application for order nisi - Applicable principles - Whether grounds reasonably arguable - Absence of demonstrated jurisdictional error.

Administrative law - Breach of rules of natural justice - Allegation of apprehended or ostensible bias - Whether amounts to jurisdictional error - Whether propounded grounds for order nisi for constitutional writs reasonably arguable.

Legal aid - Unrepresented litigant in immigration detention - Application for order nisi for constitutional writs - Role of a federal court in respect of application.

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