High Court of Australia

Minister for Immigration and Border Protection v WZARH [2015] HCA 40

4 Nov 2015

Case Number: S85/2015


Kiefel, Bell, Gageler, Keane, Gordon JJ


Administrative law – Procedural fairness – Refugee Status Assessment – Independent Merits Review ("IMR") – Where first reviewer conducted interview with first respondent but did not complete IMR – Where second reviewer completed IMR without interview but with regard to transcript and audio recording of first reviewer's interview – Where first respondent not informed of change in identity of reviewer – Where second reviewer formed adverse view of first respondent's credibility – Whether first respondent denied procedural fairness.

Words and phrases – "legitimate expectation", "opportunity to be heard", "oral hearing", "procedural fairness", "unfairness".

PDF MD5: 136a7868f608e58e3fc8633419b20866
RTF MD5: be3dbc198ca13e2afd7f4d7df5d12cca