Minister for Immigration and Multicultural Affairs v Thiyagarajah [2000] HCA 9

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW AND HAYNE JJ

MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS APPELLANT

AND

VARATHARAJAH THIYAGARAJAH RESPONDENT

Minister for Immigration and Multicultural Affairs v Thiyagarajah

[2000] HCA 9

2 March 2000

S200/1998

ORDER

1. Appeal allowed.

2. Set aside Orders 1, 2 and 3 of the orders made by the Full Court of the Federal Court of Australia on 4 March 1998 and in place thereof order that:

(a) the appeal to that Court be allowed;

(b) Orders 1 and 2 of the orders made by Emmett J on 3 March 1997 be set aside; and

(c) in place thereof the application for review be dismissed.

3. Appellant to pay the reasonable costs of the respondent in this Court, including costs of senior counsel.

On appeal from the Federal Court of Australia

Representation:

J Basten QC with N J Williams for the appellant (instructed by Australian Government Solicitor)

D F Jackson QC with E A Wilkins for the respondent (instructed by McDonells Solicitors)

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

CATCHWORDS

Minister for Immigration and Multicultural Affairs v Thiyagarajah

Administrative law – Judicial review of administrative decision – Error of law – Rejection of application for protection visa – Error must affect decision to affirm the refusal of grant of a protection visa – Refugee Review Tribunal made no error of law – Absence of power in RRT to reconsider its own decision by reason of later changed circumstances – Appeal against decision to affirm RRT's decision to refuse protection visa – Power of Federal Court to review decisions limited by Migration Act 1958 (Cth), s 476 – Power of applicant to seek second application for protection visa limited by ss 48A and 48B – Whether Federal Court has power under s 481 to refer matter to RRT for further consideration to take account of changed circumstances.