Migration – Application for protection as refugee – Failure of Minister's delegate to afford interview to applicant – Whether failure amounts to breach of rules of natural justice – Whether delegate lacked jurisdiction and whether constitutional writ should issue.
Migration – Refugee application – Asserted fear of extortion by criminals – Asserted fear of lack of protection by authorities for reasons of race – Whether fear of extortion outside grounds of protection – Whether relevant fear proved.
Administrative law – Natural justice – Content of – Relevance of legislative framework for decision – Decision on refugee claim by delegate of Minister – No statutory obligation to interview applicant – Whether failure to interview amounts to breach of common law rules of natural justice.
Practice – Proceedings for constitutional writ of prohibition – Refugee claim under Migration Act 1958 (Cth) – Use of pseudonym in High Court – Need for reasonably arguable case for issue of order nisi for constitutional writ – Review of decision of Minister's delegate – Avoidance of pernickety scrutiny of reasons.
Practice – Costs – Migration Act proceedings – Application for refugee protection – Application fails – Review by Refugee Review Tribunal unavailable by reason of delay by applicant – Application of ordinary rule as to costs.
Words and phrases – "fear".
Constitution – s 75(v).
Migration Act 1958 (Cth) – ss 36, 54, 417, 496.
Migration Regulations 1994 – cl 866.221.
Judgment date
Case number
P2/2001
Before
Kirby J
Catchwords