Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002

Immigration – Refugees - Temporary protection visas - Application for certiorari, prohibition and mandamus under s 75(v) of the Constitution - Where Refugee Review Tribunal found that applicant was an unreliable witness and discounted evidence said to be corroborative - Whether Tribunal's decision was "irrational, illogical and not based upon findings or inferences of fact supported by logical grounds" - Whether Tribunal's decision was affected by actual bias or by a reasonable apprehension of bias - Whether Tribunal's decision was vitiated by jurisdictional error - Distinction between discretionary decisions and decisions involving the finding of facts essential to the exercise of jurisdiction - Whether Tribunal's decision evidenced an erroneous approach to the finding of jurisdictional facts.

Constitutional law – Section 75(v) of the Constitution - Review of administrative decisions - Jurisdictional error - Bias - Extent to which the content of the constitutional writs is affected by common law developments in administrative law - Availability of constitutional writs in proceedings that include an appeal concerning related issues.

Administrative law – Judicial Review - Whether Tribunal's decision was "irrational, illogical and not based upon findings or inferences of fact supported by logical grounds" - Unavailability of review of factual or evidentiary merits - Whether relief available under Migration Act 1958 (Cth) ("the Act") or under the Constitution, s 75(v) - Whether Tribunal had no jurisdiction to make the decision - Whether the decision was not authorised by the Act - Whether the decision was marred by error of law - Whether the decision was so unreasonable that no reasonable tribunal would have made it.

Words and Phrases – "jurisdictional error", "jurisdictional fact", "apprehended bias", "actual bias", "Wednesbury unreasonableness".

Constitution – s 75(v).

Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 5.

Migration Act 1958 (Cth) – ss 36(2), 65, 414, 415, 430, 476(1)(b), (c), (f), 476(2)(b), 476(3), 496.

Migration Legislation Amendment Act (No 1) 2001 (Cth).

Migration Legislation Amendment (Judicial Review) Act 2001 (Cth).