Re Minister for Immigration and Multicultural Affairs; Ex parte "A"

Immigration – Refugees – Application for protection visa on the ground of refugee status – Fear of persecution – Application to High Court for constitutional writs and other relief – Whether arguable breach of requirements of natural justice by delegate of Minister becomes irrelevant following later merits review by Refugee Review Tribunal – Whether breach of procedural requirements of the Migration Act 1958 (Cth) in failure of Tribunal to refer to allegation of torture – Whether breach of requirements of natural justice in failure to disclose country information to applicant concerning country of nationality – Whether Tribunal erred in treatment of applicant's protest activities in Australia post-arrival – Whether reasonably arguable case for grant of order nisi.

Immigration – Refugees – Application in original jurisdiction of High Court – Earlier decisions by the Minister's delegate, Refugee Review Tribunal and Federal Court – Whether applicant out of time for constitutional writs in application in original jurisdiction of High Court – Whether delay in commencement of High Court proceedings pending conclusion of proceedings below was explained and reasonable – Whether it was reasonably arguable that time default would be cured in circumstances of the applicant's prompt application to the High Court following final decision of Full Federal Court.

Immigration – Refugees – Constitutional writs – Whether available against Minister and Tribunal to prohibit further proceedings upon a decision alleged to be flawed by jurisdictional error.

High Court – Practice – Original jurisdiction – Application for constitutional writs of prohibition and mandamus and other relief – Applicant commences proceedings in High Court immediately following unsuccessful applications before delegate, Refugee Review Tribunal and Federal Court – Whether arguable case for waiver of time default – Whether applicant obliged to commence proceedings in High Court immediately to avoid being out of time.

Constitution – s 75(v).

Judiciary Act 1903 (Cth) – s 33(2).

Migration Act 1958 (Cth) – ss 57, 91R(3), 424A.

High Court Rules – O 55 r 17, O 55 r 30.