SAAP v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees – Decision of Refugee Review Tribunal ("Tribunal") – Tribunal invited the first appellant to appear to give evidence and present arguments under Migration Act 1958 (Cth), s 425 – Evidence was later taken from first appellant's daughter in absence of first appellant – Tribunal affirmed decision under review by relying on information obtained from first appellant's daughter – Tribunal failed to give the first appellant particulars in writing of information – Tribunal failed to invite the first appellant in writing to comment on information – Whether Tribunal breached Migration Act, s 424A.

Immigration – Construction of Migration Act, s 424A – Whether the provisions of Pt 7 Div 4 have sequential or ambulatory operation – Relevance of Refugee Convention in case of ambiguity.

Immigration – Jurisdictional error – Whether a breach of Migration Act, s 424A amounts to jurisdictional error that invalidates the decision.

Immigration – Procedural fairness – General law – Whether Tribunal breached rules of procedural fairness.

Administrative Law (Cth) – Certiorari – Mandamus – Jurisdictional error – Whether grant of relief should be withheld on discretionary grounds – Relevant factors – Judiciary Act 1903 (Cth), s 39B.

Practice – Joinder of party – Tribunal was not named as a party for the relief sought under Judiciary Act, s 39B – Whether the Tribunal was a necessary party to the proceedings – "officer or officers of the Commonwealth" – Judiciary Act, s 39B.

Judiciary Act 1903 (Cth) – s 39B.

Migration Act 1958 (Cth) – ss 424A, 425.