Immigration – Refugees - Review by Refugee Review Tribunal ("RRT") - Whether failure to make certain inquiries was unreasonable or constituted failure to conduct review within meaning of Migration Act 1958 (Cth), s 414 - Whether failure to inquire constituted jurisdictional error.
Immigration – Refugees - Review by RRT - Where RRT received allegation that documents provided by visa applicant were "fake & forged", invited applicant to comment in writing, but failed to invite him to further hearing - Whether such failure amounted to denial of procedural fairness, breach of Migration Act 1958, s 425, or failure to conduct review within meaning of Migration Act 1958, s 414 - Whether allegation of forgery raised new "issue" within meaning of Migration Act 1958, s 425.
Words and phrases – "failure to inquire", "inquisitorial", "issues", "procedural fairness", "review".
Migration Act 1958 (Cth) – ss 414, 424, 424A, 425.
Judgment date
Case number
S37/2009
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords