Re Refugee Review Tribunal; Ex parte H

[2001] HCA 28
Judgment date
Case number
S276/2000
Before
Gleeson CJ, Gaudron, Gummow JJ
Catchwords

Administrative law – Natural justice – Reasonable apprehension of bias – Affirmation by Refugee Review Tribunal of decision to refuse applications for protection visas – Credibility in issue before Tribunal – Constant interruptions of and challenges to evidence of applicant – Whether vigorous testing of evidence might lead a fair-minded lay person to apprehend bias on the part of the Tribunal – Appropriate modification of test for apprehended bias when applied to administrative proceedings – Whether relief under s 75(v) of the Constitution should be refused on discretionary grounds.

Files
28.rtf (38.57 KB)
28.pdf (67.05 KB)