SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY AND HAYNE JJ

SAAP & ANOR APPELLANTS

AND

MINISTER FOR IMMIGRATION AND MULTICULTURAL

AND INDIGENOUS AFFAIRS & ANOR RESPONDENTS

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] HCA 24

18 May 2005

A28/2004

ORDER

1. Appeal allowed with costs.

2. Set aside the order of the Full Court of the Federal Court of Australia made on 11 December 2002 and, in its place, order:

(a) appeal allowed with costs;

(b) set aside the orders of Mansfield J made on 10 May 2002 and, in their place, order that:

(i) there be an order in the nature of certiorari to quash the decision of the Refugee Review Tribunal ("the Tribunal") made on 18 October 2001;

(ii) there be an order in the nature of mandamus requiring the Tribunal to review according to law the decision made by a delegate of the Minister on 19 June 2001 to refuse protection visas sought by the applicants;

(iii) the respondent pay the applicants' costs.

On appeal from the Federal Court of Australia

Representation:

B R M Hayes QC with M S Blumberg for the appellants (instructed by Bourne Lawyers)

J Basten QC with S J Maharaj for the first respondent (instructed by Sparke Helmore)

No appearance for the second respondent

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

CATCHWORDS

SAAP & Anor v Minister for Immigration and Multicultural and Indigenous Affairs

Immigration – Refugees – Decision of Refugee Review Tribunal ("Tribunal") – Tribunal invited the first appellant to appear to give evidence and present arguments under Migration Act 1958 (Cth), s 425 – Evidence was later taken from first appellant's daughter in absence of first appellant – Tribunal affirmed decision under review by relying on information obtained from first appellant's daughter – Tribunal failed to give the first appellant particulars in writing of information – Tribunal failed to invite the first appellant in writing to comment on information – Whether Tribunal breached Migration Act, s 424A.