Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MINISTER FOR IMMIGRATION AND MULTICULTURAL

AND INDIGENOUS AFFAIRS APPELLANT

AND

SGLB RESPONDENT

Minister for Immigration and Multicultural and Indigenous Affairs v SGLB

[2004] HCA 32

17 June 2004

A256/2003

ORDER

1. Appeal allowed.

2. Orders of the Federal Court of Australia made on 11 March 2003, to the extent that they relate to the appeal to that Court from the orders of the Federal Magistrates Court made on 20 December 2002, set aside (save that as to costs). In place thereof, order that the appeal to that Court against the orders of the Federal Magistrates Court is dismissed.

3. Appellant to pay the respondent's costs in this Court.

On appeal from the Federal Court of Australia

Representation:

S J Gageler SC with S B Lloyd for the appellant (instructed by Sparke Helmore)

S Walsh QC with S C Churches for the respondent (instructed by Refugee Advocacy Service of South Australia)

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 and Indigenous Affairs v SGLB

Immigration – Refugees – Procedural fairness – Refugee Review Tribunal – Jurisdictional error – Expert medical advice – Psychological state of applicant assumed to be possible explanation for unsatisfactory evidence – Whether denial of procedural fairness by failing to order further psychological assessment of applicant – Whether denial of procedural fairness by accepting that applicant suffered stress disorder – Whether denial of procedural fairness by acceptance of effects of disorder on applicant without expert medical advice.

Statutes – Construction – Privative clause – Whether putative errors of the Refugee Review Tribunal fell within the operation of s 474 of the Migration Act 1958 (Cth).