Immigration law and administrative law – Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for constitutional writs and injunction - Whether denial of natural justice by reason of statutory provision restricting representation and cross- examination at the hearing - Whether denial of natural justice by failing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by taking into account an irrelevant consideration in refusing to investigate the applicant's claims and documents adduced - Whether denial of natural justice by making findings of facts so unreasonable that no reasonable Tribunal could have come to them - Whether denial of natural justice by failing to warn that a document referred to in a decision relied upon by the applicant would be relied upon - Whether denial of natural justice by failing to provide a fair and just mechanism for review and by failing to act according to the substantial justice of the case.
The Constitution – s 75(v).
Migration Act 1958 (Cth) – ss 415(1), 420, 424(1), 427(1)(d), 427(6).
Judgment date
Case number
C8/2000
Before
McHugh J
Catchwords