Minister for Immigration and Multicultural Affairs v Wang

[2003] HCA 11
Judgment date
Case number
S295/2001
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Immigration – Review - Refugee Review Tribunal - Orders made by Federal Court on application for review - Where Tribunal erred in law in making earlier decision - Power of Court to refer matter to Tribunal constituted by member who made earlier decision - Power of Court to give direction as to constitution of Tribunal - Proper considerations in exercise of such discretion - Whether direction in the interests of justice - Whether necessary to do justice to preserve Tribunal's findings of fact on first review.

Immigration – Review - Refugee Review Tribunal - Nature of proceedings before - How Tribunal in second hearing should regard findings of fact made in first hearing.

Words and phrases – "necessary to do justice".

Migration Act 1958 (Cth) – s 481(1)(b), s 481(1)(d).

Files
11.rtf (87.18 KB)
11.pdf (178.29 KB)