Minister for Immigration and Multicultural and Indigenous Affairs v SGLB

[2004] HCA 32
Judgment date
Case number
A256/2003
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Immigration – Refugees - Procedural fairness - Refugee Review Tribunal - Jurisdictional error - Expert medical advice - Psychological state of applicant assumed to be possible explanation for unsatisfactory evidence - Whether denial of procedural fairness by failing to order further psychological assessment of applicant - Whether denial of procedural fairness by accepting that applicant suffered stress disorder - Whether denial of procedural fairness by acceptance of effects of disorder on applicant without expert medical advice.

Statutes – Construction - Privative clause - Whether putative errors of the Refugee Review Tribunal fell within the operation of s 474 of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth) – ss 65, 415, 474, 496.

Files
32.rtf (99.35 KB)
32.pdf (205.27 KB)