Immigration – Refugees - Review Tribunal - Failure to afford procedural fairness - Prosecutor denied opportunity to be heard on matters affecting credibility - Whether prosecutor denied possibility of a successful outcome.
Administrative law – Constitutional writs - Nature of Constitutional writ of prohibition - Procedural fairness - Availability of writ of prohibition for failure to accord procedural fairness - Whether prohibition available as of right or by discretion - Whether application should be rejected due to delay.
Constitutional law – Construction of Constitution - Meaning to be given to words in s 75(v) - Relevance of meaning at time of commencement of Constitution.
Words and phrases – "a writ - of prohibition", "procedural fairness", "prerogative writ".
Constitution – ss 75(iii), 75(v).
Migration Act 1958 (Cth).
Judgment date
Case number
S185/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords