Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002

Immigration – Refugees - Refugee Review Tribunal - Procedural fairness - Whether Tribunal misled applicant into believing factual claim had been accepted as true - Whether Tribunal relied on evidence tendered earlier to disbelieve factual claim without giving applicant opportunity to demonstrate evidence was not inconsistent with factual claim - Whether Tribunal relied on belated disclosure of rape incident to disbelieve factual claim in circumstances where belated disclosure might have been explicable - Whether subsequent hearing and provision of written submissions cured any earlier breach of requirements of procedural fairness - Inquisitorial hearing by Tribunal - Whether failure by Tribunal to afford procedural fairness amounting to jurisdictional error.

Constitution – s 75(v) Migration Act 1958 (Cth), s 420(2).