Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen

[2001] HCA 10
Judgment date
Case number
S166/2000
Before
McHugh J
Catchwords

Constitutional law – Constitutional relief – Jurisdictional error – Whether the Migration Review Tribunal made a jurisdictional error.

Practice and procedure – Constitutional relief – Migration Regulations 1994 (Cth) – Whether the applicant was entitled to have his application determined on the basis that the "special need relative" criterion was still available.

Practice and procedure – Constitutional relief – Remitter to the Federal Court – When remitter to the Federal Court is appropriate.

Practice and procedure – Constitutional relief – Whether writ of prohibition properly sought against the Minister.

Practice and procedure – Constitutional relief – Whether writ of mandamus properly sought against the Principal Member of the Migration Review Tribunal.

Files
10.rtf (37.82 KB)
10.pdf (58.46 KB)