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Abebe v The Commonwealth
Re Minister for Immigration and Multicultural Affairs; Ex parte Abebe

[1999] HCA 14
Case number
S53/1998
S139/1997
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

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".

Words and phrases – "affirm" – "matter" – "refugee" – "well-founded fear of being persecuted".

The Constitution, ss 75, 76, 77(i), Ch III.

Migration Act 1958 (Cth), ss 36, 47, 476, 481(1)(a), 485, 486.

Convention relating to the Status of Refugees of 1951.

Files
Abebe v The Commonwealth (S53-1998) [1999] HCA 14.pdf (583.06 KB)
Abebe v The Commonwealth (S53-1998) [1999] HCA 14.docx (149.61 KB)