Muin v Refugee Review Tribunal

Administrative law – Constitutional writs - Procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse material - Jurisdictional error for denial of procedural fairness and natural justice.

Immigration – Refugee - Protection visa - Decision by Minister to refuse application for visa - Review of decision by Refugee Review Tribunal - Obligation of Secretary of Department of Immigration and Multicultural Affairs to give relevant documents to Registrar of Tribunal for purpose of review - Nature and extent of obligation - Migration Act 1958 (Cth), ss 418(3), 424(1).

Constitutional law (Cth) – High Court - Federal Court - Review of administrative decision by officers of the Commonwealth - Migration - Refusal to grant protection visa to claimant for refugee status - Requirement of procedural fairness - Alleged failure to have regard to relevant documents - Alleged failure to provide reasonable opportunity to respond to adverse materials - Jurisdictional error - Availability of constitutional relief under s 75(v) and other relief for denial of procedural fairness and natural justice.

Constitution – s 75(v).

Migration Act 1958 (Cth) – ss 418(3), 424(1).