High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
MINISTER FOR IMMIGRATION AND CITIZENSHIP APPELLANT
AND
SZJSS AND ORS RESPONDENTS
Minister for Immigration and Citizenship v SZJSS [2010] HCA 48
15 December 2010
S147/2010
ORDER
1. Appeal allowed.
2. Set aside paragraphs 1 and 2(a) and (b) of the order of the Federal Court of Australia made on 24 November 2009 and, in lieu thereof, order that the appeal to that Court be dismissed.
3. Appellant to pay the costs of the first and second respondents in this Court.
On appeal from the Federal Court of Australia
Representation
S J Gageler SC, Solicitor-General of the Commonwealth with G T Johnson for the appellant (instructed by DLA Phillips Fox Lawyers)
B W Walker SC with J R Young for the first and second respondents (instructed by Simon Diab & Associates Solicitors)
Submitting appearance for the third 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
Minister for Immigration and Citizenship v SZJSS
Immigration – Refugees – Review by Refugee Review Tribunal ("RRT") – RRT gave "no weight" to certain letters tendered in evidence by first respondent – RRT described the giving of certain oral evidence by first respondent as "baseless tactic" – Whether RRT fell into jurisdictional error by failing to give "proper, genuine and realistic consideration" to letters or by describing certain oral evidence of first respondent as "baseless tactic" – Whether RRT's reasons, including use of expression "baseless tactic", gave rise to reasonable apprehension of bias by reason of pre-judgment.
Words and phrases – "jurisdictional error", "proper, genuine and realistic consideration", "reasonable apprehension of bias".
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 6.
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