Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim [2000] HCA 50

HIGH COURT OF AUSTRALIA

McHUGH J

RE THE MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS & ORS RESPONDENTS

EX PARTE ABDUL RAHMAN

MOHAMMED CASSIM APPLICANT/PROSECUTOR

Re Minister for Immigration and Multicultural Affairs;

Ex parte Cassim

[2000] HCA 50

Date of Order: 7 September 2000

Date of Publication of Reasons: 26 September 2000

C8/2000

ORDER

Application dismissed.

Representation:

P J Hanks QC for the first respondent (instructed by Australian Government Solicitor)

No appearance for the second and third respondents

J McD Evans with T A Warwick for the applicant/prosecutor (instructed by City First)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Minister for Immigration and Multicultural Affairs; Ex parte Cassim

Immigration law and administrative law – Refugee – Refugee Review Tribunal decision refusing to grant protection visa – Application in original jurisdiction of High Court for constitutional writs and injunction – Whether denial of natural justice by reason of statutory provision restricting representation and cross-examination at the hearing – Whether denial of natural justice by failing to investigate the applicant's claims and documents adduced – Whether denial of natural justice by taking into account an irrelevant consideration in refusing to investigate the applicant's claims and documents adduced – Whether denial of natural justice by making findings of facts so unreasonable that no reasonable Tribunal could have come to them – Whether denial of natural justice by failing to warn that a document referred to in a decision relied upon by the applicant would be relied upon – Whether denial of natural justice by failing to provide a fair and just mechanism for review and by failing to act according to the substantial justice of the case.