Immigration – Application for protection visa - Claim to refugee status - Claim rejected by Refugee Review Tribunal - Application to High Court for constitutional writs - Whether order nisi should issue - Unrepresented applicant held in immigration detention - Applicable principles - Mention by Tribunal of humanitarian considerations - Whether jurisdictional error demonstrated - No reasonably arguable case.
High Court Practice – Constitutional writs under s 75(v) of the Constitution - Application for order nisi - Applicable principles - Whether grounds reasonably arguable - Absence of demonstrated jurisdictional error.
Administrative law – Breach of rules of natural justice - Allegation of apprehended or ostensible bias - Whether amounts to jurisdictional error - Whether propounded grounds for order nisi for constitutional writs reasonably arguable.
Legal aid – Unrepresented litigant in immigration detention - Application for order nisi for constitutional writs - Role of a federal court in respect of application.
Constitution – s 75(v).
Migration Act 1958 (Cth) – ss 417, 476(2)(a).
High Court Rules O 55 r 17.
Judgment date
Case number
S63/2001
Before
Kirby J
Catchwords