29 Nov 1990
R. v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- R. v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP636/1990
The court quashed the immigration officer's, the senior immigration officer's and the Refugee Status Review Board's decisions because procedural unfairness (notably failure to read back contemporaneous notes leading to a material, decisive and erroneous finding that the applicant had state employment) created a real risk of injustice and the RSRB relied on that erroneous material so its decision was a nullity; the s.13F(8) ouster did not preclude judicial review of a nullity; detention under s.13D(1) was lawful because it was triggered by the valid refusal to grant permission to remain until…