Minister for Immigration and Citizenship v SZJSS

[2010] HCA 48
Judgment date
Case number
S147/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Immigration – Refugees - Review by Refugee Review Tribunal ("RRT") - RRT gave "no weight" to certain letters tendered in evidence by first respondent - RRT described the giving of certain oral evidence by first respondent as "baseless tactic" - Whether RRT fell into jurisdictional error by failing to give "proper, genuine and realistic consideration" to letters or by describing certain oral evidence of first respondent as "baseless tactic" - Whether RRT's reasons, including use of expression "baseless tactic", gave rise to reasonable apprehension of bias by reason of pre-judgment.

Words and phrases – "jurisdictional error", "proper, genuine and realistic consideration", "reasonable apprehension of bias".

Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 5, 6.

Migration Act 1958 (Cth) – s 474.

Files
48.rtf (42.59 KB)
48.pdf (70.26 KB)