Dranichnikov v Minister for Immigration and Multicultural Affairs

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.

Constitution – s 75(v).

Migration Act 1958 (Cth) – s 476.