Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57

HIGH COURT OF AUSTRALIA

GLEESON CJ, GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

RE REFUGEE REVIEW TRIBUNAL & ANOR RESPONDENTS

EX PARTE MANSOUR AALA PROSECUTOR

Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57 16 November 2000 S185/1999

ORDER

Order absolute for a writ of prohibition prohibiting the second respondent from taking action on the decision of the first respondent made on 3 April 1998.

Order that time be extended and that a writ of certiorari issue to quash the decision of the first respondent made on 3 April 1998.

In respect of the application by the prosecutor dated 4 October 1996, Order absolute for a writ of mandamus requiring the first respondent to consider and determine the application according to law.

Second respondent to pay costs of prosecutor, both in respect of the order nisi and the hearing before Full Court.

Representation:

P E King with K M Hawes for the prosecutor (instructed by the prosecutor)

No appearance for the first respondent

T Reilly with G A Mowbray for the second respondent (instructed by Australian Government Solicitor)

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 Refugee Review Tribunal; Ex parte Aala

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.