Minister for Immigration and Multicultural Affairs v Thiyagarajah

[2000] HCA 9
Judgment date
Case number
S200/1998
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Hayne JJ
Catchwords

Administrative law – Judicial review of administrative decision - Error of law - Rejection of application for protection visa - Error must affect decision to affirm the refusal of grant of a protection visa - Refugee Review Tribunal made no error of law - Absence of power in RRT to reconsider its own decision by reason of later changed circumstances - Appeal against decision to affirm RRT's decision to refuse protection visa - Power of Federal Court to review decisions limited by Migration Act 1958 (Cth), s 476 - Power of applicant to seek second application for protection visa limited by ss 48A and 48B - Whether Federal Court has power under s 481 to refer matter to RRT for further consideration to take account of changed circumstances.

Words and phrases – "decision".

Migration Act 1958 (Cth) – ss 48A, 48B, 476, 481.

Migration Regulations (Cth) – Sched 2.

Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 10, 16.

Files
9.rtf (54.54 KB)
9.pdf (108.48 KB)