High Court of Australia
HIGH COURT OF AUSTRALIA
KIRBY J
IN THE MATTER OF AN APPLICATION FOR
A WRIT OF PROHIBITION AND CERTIORARI
AGAINST MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS & ORS RESPONDENTS
EX PARTE ARINAH HOLLAND APPLICANT
Re Minister for Immigration and Multicultural Affairs; Ex parte Holland
[2001] HCA 76
25 October 2001
P5/2001
ORDER
Application refused. Applicant to pay Minister's costs.
Representation:
L A Tsaknis for the first respondent (instructed by Australian Government Solicitor)
No appearance for the second and third respondents
The applicant appeared in person
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 Holland
Migration – Application for Spouse visa – Applicant claims de facto married relationship with Australian citizen involving mutual commitment to a shared life to the exclusion of all others – Delegate of Minister and Immigration Review Tribunal refuse visa – Application to High Court for constitutional relief and certiorari – Australian citizen already married undergoes second Islamic marriage to applicant – Whether second marriage a "marriage" within Migration Regulations – Whether Tribunal arguably erred in the exercise of its jurisdiction to conduct review – Whether jurisdictional error arguably established by breach of rules of natural justice – Whether bias of Tribunal member arguably demonstrated.
Constitutional law – Constitutional writ of prohibition and writ of certiorari to perfect its remedies – Requirement of jurisdictional error – Whether jurisdictional error established as reasonably arguable – Need to observe distinction between jurisdictional error and appeal on merits – Unavailability of constitutional writs to correct errors within jurisdiction – Whether reasonably arguable case demonstrated for grant of order nisi.
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