High Court of Australia

Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57

204 CLR 82; 75 ALJR 52; 176 ALR 219

16 Nov 2000

Case Number: S185/1999

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Immigration – Refugees - Review Tribunal - Failure to afford procedural fairness - Prosecutor denied opportunity to be heard on matters affecting credibility - Whether prosecutor denied possibility of a successful outcome.

Administrative law – Constitutional writs - Nature of Constitutional writ of prohibition - Procedural fairness - Availability of writ of prohibition for failure to accord procedural fairness - Whether prohibition available as of right or by discretion - Whether application should be rejected due to delay.

Constitutional law – Construction of Constitution - Meaning to be given to words in s 75(v) - Relevance of meaning at time of commencement of Constitution.

Words and phrases – "a writ - of prohibition", "procedural fairness", "prerogative writ".

Constitution – ss 75(iii), 75(v).

Migration Act 1958 (Cth).

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