Administrative law – Judicial review – Where delegate refused application for Protection (Subclass 866) visa – Where plaintiff claimed protection on basis of fear of harm by reason of religion –Where plaintiff subsequently raised fear of harm by reason of sexual orientation – Where delegate found sexual orientation claim fabricated – Whether denial of procedural fairness – Whether delegate required to notify plaintiff of adverse inference arising from delay – Whether delegate failed to comply with s 57 of Migration Act 1958 (Cth) by failing to provide particulars of country information and invite comment – Whether delegate's decision illogical, irrational or unreasonable – Whether extension of time should be granted.
Words and phrases – "adverse inference", "constitutional writ", "country information", "extension of time", "fabricated claim", "illogicality", "irrationally", "judicial review", "jurisdictional error", "merits review", "opportunity to comment", "procedural fairness", "protection visa", "request for further information", "sexual orientation", "significant harm", "unreasonableness".
Migration Act 1958 (Cth), ss 57, 486A.