Immigration law and Administrative law – Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for prerogative relief - Whether Tribunal failed to take into account relevant considerations and evidence - Whether Tribunal failed to consider all available inferences from evidence - Whether s 430(1) of the Migration Act 1958 (Cth) required the Tribunal to refer to evidence contrary to its findings - Whether a breach of s 430(1) amounts to a jurisdictional error grounding prerogative relief.
Constitutional law – Federal jurisdiction - Role of the High Court under the Constitution - Extent of High Court's jurisdiction to grant certiorari pursuant to s 75(v) of the Constitution.
Words and phrases – "well-founded fear of persecution" - "reasons for the decision".
The Constitution – s 75(v).
Migration Act 1958 (Cth) – ss 415(1), 420, 430(1).
Convention relating to the Status of Refugees of 1951.
Judgment date
Case number
S98/1996
Before
McHugh J
Catchwords