Re Refugee Review Tribunal; Ex parte H [2001] HCA 28

Re Refugee Review Tribunal; Ex parte H [2001] HCA 28

A fair-minded lay observer or properly informed lay person would apprehend bias on the part of the Tribunal due to its constant interruptions and challenges to the prosecutors' credibility, creating the impression that nothing the applicants said could change the Tribunal's preconceived view; this constituted a breach of the rules of natural justice, justifying constitutional relief.

Parties
Prosecutor: H; Respondent: Refugee Review Tribunal; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Application for Constitutional Writs / Final Determination by Full Bench
Outcome
Application allowed. Relief granted.
Legal Topics
Natural Justice, Apprehended Bias, Procedural Fairness, Judicial Review, Protection Visas
Administrative Law Migration Law Constitutional Law Natural Justice Apprehended Bias Procedural Fairness Judicial Review Protection Visas

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

H

Prosecutor

Refugee Review Tribunal

Respondent

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Constitutional Writs / Final Determination by Full Bench

Legal Issues

  1. 1 Whether the Refugee Review Tribunal's decision was affected by apprehended bias.
  2. 2 Whether there was a breach of the rules of natural justice warranting relief under s 75(v) of the Constitution.
  3. 3 Whether discretionary grounds justify withholding relief despite apprehended bias.

Ratio Decidendi

A fair-minded lay observer or properly informed lay person would apprehend bias on the part of the Tribunal due to its constant interruptions and challenges to the prosecutors' credibility, creating the impression that nothing the applicants said could change the Tribunal's preconceived view; this constituted a breach of the rules of natural justice, justifying constitutional relief.

Court Disposition

Application allowed. Relief granted.

Orders

  • Order absolute for writ of prohibition prohibiting respondents from taking action on the Tribunal's decision of 16 November 1999.
  • Order extending time and issuing writ of certiorari to quash the Tribunal's decision of 16 November 1999.