Catchwords
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".
Words and phrases – "well-founded fear of persecution" – "jurisdictional fact".
Constitution, s 75(v).
Migration Act 1958 (Cth), ss 36, 65, 420, 430, 475, 476.