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Minister for Immigration and Multicultural Affairs v Yusuf

[2001] HCA 30
(2001) 62 ALD 225
(2001) 75 ALJR 1105
(2001) 180 ALR 1
(2001) 206 CLR 323

Minister for Immigration and Multicultural Affairs
vYusuf

Court:
High Court of Australia

Judges: Gleeson CJ
Gaudron J
McHugh J
Gummow J
Kirby J
Hayne J
Callinan J

Legislative References:
-

Case References:
-

Hearing date:
Judgment date: 31 May 2001

Order

M10/2000

1. Appeal allowed.

2. Appellant to pay respondent's costs of the appeal.

3. Set aside order 1 made by the Full Court of the Federal Court on 2 December 1999, and in place thereof, order that:

a)
the appeal to that Court be allowed;
b)
orders 1 and 3 of the orders made by Finn J on 30 August 1999 be set aside and in place thereof, order that the application for review be dismissed.

M126/2000

Application dismissed with no order as to costs.

M13/2000

1. Appeal allowed.

2. Appellant to pay respondent's costs of the appeal.

3. Set aside so much of the order made by the Full Court of the Federal Court on 20 May 1999 as dismissed the appeal to that Court, and in place thereof, order that:

a)
the appeal to that Court be allowed;
b)
orders 1, 2 and 3 of the orders made by R D Nicholson J on 1 May 1998 be set aside and in place thereof, order that the application for review be dismissed.

M127/2000

Application dismissed with no order as to costs.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

In the case of Mr Israelian, the review in question was conducted pursuant to an order of the Federal Court of Australia following the setting aside of an earlier decision by the Tribunal.

In Israelian v Minister for Immigration and Multicultural Affairs, R D Nicholson J also found that the decision involved an error of law (incorrect interpretation of applicable law).

See Abebe v Commonwealth (1999) 197 CLR 510 .

As to the decisions which are reviewable, see s411 of the Act.

See s411(1)(c).

S423.

S425 and s429.

S427 and s428.

S425 and s426.

S475(1)(b).

Article 1A(2) defines a refugee as any person who:
"owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

A criterion for the issue of a protection visa is that the Minister or his or her delegate is satisfied that the applicant is a person to whom Australia has protection obligations under the Convention: the Act, s36(2) and s65; Migration Regulations 1994 (Cth), reg2.03, Sched 2, cl866.221.

(1999) 197 CLR 510 at 552 [107], [108].

(1999) 197 CLR 510 at 552 [108].

See Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 at 420 per Jordan CJ. See also R v Toohey; Ex parte Northern Land Council (1981) 151 CLR 170 at 267-268 per Aickin J; Re Coldham; Ex parte Brideson (1989) 166 CLR 338 at 350 per Wilson, Deane and Gaudron JJ; Public Service Association (SA) v Federated Clerks' Union (1991) 173 CLR 132 at 143-144 per Brennan J; Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 74 ALJR 1348 at 1356 [31] per Gleeson CJ, Gaudron and Hayne JJ; 174 ALR 585 at 594-595.

Subject to exceptions not presently relevant, s414(1) of the Act provides that "if a valid application is made under s412 for review of an RRT-reviewable decision, the Tribunal must review the decision."

As to the relevance of past events to which a person has been subjected, see Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 387 per Mason CJ; Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 74 ALJR 1556 at 1570 [83] per McHugh J; 175 ALR 585 at 604; Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 at [66]-[68] per Gaudron J.

See as to the need for persecution to involve discriminatory conduct, Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 388 per Mason CJ, 429-430 per McHugh J; Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 at 570 per Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow JJ.

Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 ; Logenthiran v Minister for Immigration and Multicultural Affairs [1998] FCA 1691 ; Perampalam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 274 ; Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 ; Ahmed v Minister for Immigration and Multicultural Affairs [1999] FCA 811 ; cf Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 ; Sivaram v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 379 ; Xu v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 425 ; Doss v Minister for Immigration and Multicultural Affairs [1999] FCA 1780 .

(2000) 98 FCR 469 .

Minister for Immigration and Multicultural Affairs v Yusuf (1999) 95 FCR 506 ; Minister for Immigration and Multicultural Affairs v Israelian [1999] FCA 649 .

(2000) 98 FCR 469 at 480 [44].

(2000) 98 FCR 469 at 481 [47].

(2000) 98 FCR 469 at 481 [48].

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 341 per Mason CJ.

(1999) 95 FCR 425 .

(2000) 98 FCR 469 at 482 [54].

(2000) 98 FCR 469 at 480 [44].

(2000) 98 FCR 469 at 481 [47]-[48].

Repatriation Commission v O'Brien (1985) 155 CLR 422 at 446 per Brennan J; Sullivan v Department of Transport (1978) 20 ALR 323 at 348-349 per Deane J, 353 per Fisher J; cf Fleming v The Queen (1998) 197 CLR 250 at 262-263 [28]-[29].

Craig v South Australia (1995) 184 CLR 163 at 179.

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 .

A decision which s411(1)(c) provides is an "RRT-reviewable decision".

s415(1).

s415(2)(a) and (d).

s415(3).

s424(1).

s425(1)(a).

s426(1)(b), s426(2) and s426(3).

(1997) 191 CLR 559 .

(1997) 191 CLR 559 at 574 (emphasis added).

Abebe v Commonwealth (1999) 197 CLR 510 at 579 [195] per Gummow and Hayne JJ.

(1990) 170 CLR 1 at 35-36.

(1803) 1 Cranch 137 at 177 [ 5 US 87 at 111].

(1997) 191 CLR 559 at 575 per Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow JJ.

O'Brien (1985) 155 CLR 422 at 446 per Brennan J; Sullivan (1978) 20 ALR 323 at 348-349 per Deane J, 353 per Fisher J.

s476(1)(a).

s476(4)(a).

s476(4)(b).

(1995) 184 CLR 163 at 179.

cf Re Refugee Review Tribunal; Ex parte Aala (2000) 75 ALJR 52 ; 176 ALR 219 .

Craig (1995) 184 CLR 163 at 179.

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 ; Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 74 ALJR 775 ; 170 ALR 553 .

Established by the Migration Act 1958 (Cth), s457.

The Act, s475, s476 and s485; see Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 at 476 [22] ("Singh").

Reasons of Black CJ, Sundberg, Katz and Hely JJ in Singh (2000) 98 FCR 469 and the contrary opinion of Whitlam and Gyles JJ in Xu v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 425 ("Xu").

R D Nicholson J, who was the third member of the Full Court in Xu, did not consider that it was necessary to determine the point.

(1999) 197 CLR 611 at 646 [117] ("Eshetu").

Reasons of Callinan J, re Yusuf at [187]-[195]; re Israelian at [225]-[231]. See also reasons of Gaudron J at [18]-[26].

Reasons of Callinan J at [202] extracting from the reasons of the Full Court in Minister for Immigration and Multicultural Affairs v Yusuf (1999) 95 FCR 506 at 510 [12] per Heerey, Merkel and Goldberg JJ.

Reasons of Callinan J at [231] extracting from the reasons of the Full Court in Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 .

Reasons of Callinan J at [245] citing Emmett J in Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 at [32]-[34].

(1999) 95 FCR 425 at 437-438 [31]-[36] per Whitlam and Gyles JJ cited by Callinan J at [216].

Ahmed v Minister for Immigration and Multicultural Affairs (1999) 55 ALD 618 ; Addo v Minister for Immigration & Multicultural Affairs [1999] FCA 940 ; Sivaram v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 379 ; Doss v Minister for Immigration & Multicultural Affairs [1999] FCA 1780 .

Including Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 ; Logenthiran v Minister for Immigration and Multicultural Affairs (1998) 56 ALD 639 : see Singh (2000) 98 FCR 469 at 473 [8], 474 [12].

Singh (2000) 98 FCR 469 .

Reasons of Callinan J at [204].

Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 .

Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 .

Administrative Appeals Tribunal Act 1975 (Cth), s43: Dodds v Comcare Australia (1993) 31 ALD 690 at 691 per Burchett J, referred to in Singh (2000) 98 FCR 469 at 482 [55].

Although, in Singh, an application for special leave to appeal to this Court was commenced, it was withdrawn.

The Act, s411: the Tribunal may review, among other things, applications for protection visas, where protection is required under the Convention relating to the Status of Refugees, signed at Geneva, 28 July 1951 ; Australia Treaty Series (1954), No 5 as amended by the Protocol relating to the Status of Refugees, signed at New York, 31 January 1967 ; Australia Treaty Series (1973), No 37.

The terms of s430(1) of the Act appear in the reasons of Gaudron J at [15]. See also reasons of Callinan J at [197].

(1999) 95 FCR 425 at 437-438 [32]-[36].

The Act, s65.

(1999) 197 CLR 510 ("Abebe").

(1999) 197 CLR 510 at 548 [96] per Gaudron J, 564 [151] per Gummow and Hayne JJ.

The relevant provisions of s476 of the Act are set out in the reasons of Gaudron J at [16]-[17].

Singh (2000) 98 FCR 469 at 477 [27].

For example the order of obligations is different in s430 of the Act when compared to the Administrative Decisions (Judicial Review) Act 1977 (Cth), s13. See also Administrative Law Act 1978 (Vic), s8, s10; Tribunals and Inquiries Act 1992 (UK), s10.

See eg Acts Interpretation Act 1901 (Cth), s25D; Social Security (Administration) Act 1999 (Cth), s177; Administrative Appeals Tribunal Act 1975 (Cth), s43(2B).

See above at [100] referring to Eshetu (1999) 197 CLR 611 at 646 [117].

Public Service Board of NSW v Osmond (1986) 159 CLR 656 ; cf Baker v Canada (Minister of Citizenship and Immigration) [1999] 2 SCR 817 at 848 [43]; Aronson and Dyer, Judicial Review of Administrative Action, 2nd ed (2000) at 448-449, 451-452.

As required in the case of review by the Tribunal under the Act, see eg s353.

Re Bolton; Ex parte Beane (1987) 162 CLR 514 at 518; cf Australian Federation of Construction Contractors; Ex parte Billing (1986) 68 ALR 416 at 420.

See eg Xu (1999) 95 FCR 425 at 437-438 [31]-[36] set out in the reasons of Callinan J at [216]. This point was recognised by the majority in Singh (2000) 98 FCR 469 at 481 [49].

[1942] AC 206 .

[1942] AC 206 at 245 citing Through the Looking Glass c vi (emphasis in original); cf Singh (2000) 98 FCR 469 at 481 [47].

An analogous legal development is the retreat from exclusive self-definition of the scope of legal obligations in medical negligence cases. Standards of prudent medical practice have been replaced by objective standards, legally determined: Rogers v Whitaker (1992) 175 CLR 479 ; cf Reibl v Hughes [1980] 2 SCR 880 ; F v R (1983) 33 SASR 189 at 190.

(1999) 95 FCR 425 at 437 [32].

Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 at 416 [65] per McHugh J; 168 ALR 407 at 423.

Eshetu (1999) 197 CLR 611 at 646 [117] per Gummow J.

Singh (2000) 98 FCR 469 at 479 [37].

S481 of the Act relevantly provides (with emphasis added):
"(1) On an application for review of a judicially-reviewable decision, the Federal Court may, in its discretion , make all or any of the following orders:

(a)
an order affirming, quashing or setting aside the decision ...
(b)
an order referring the matter to which the decision relates to the person who made the decision for further consideration ...
(c)
an order declaring the rights of the parties ...
(d)
an order directing any of the parties to do, or to refrain from doing, any act or thing [considered] necessary to do justice between the parties.

(2) On an application for a review in respect of a failure to make a judicially-reviewable decision ... the Federal Court may make any or all of the following orders:

(a)
an order directing the making of the decision;
(b)
an order declaring the rights of the parties ...
(c)
an order directing any of the parties to do, or to refrain from doing, any act or thing [considered] necessary to do justice between the parties".

(2000) 98 FCR 469 at 479 [39].

Dornan v Riordan (1990) 24 FCR 564 ; cf Dodds v Comcare Australia (1993) 31 ALD 690 .

The Act, s476(1)(a).

Eshetu (1999) 197 CLR 611 at 632 [64].

Xu (1999) 95 FCR 425 at 432 [20]; cf Singh (2000) 98 FCR 469 at 476 [24]-[25].

Migration Reform Bill 1992 (Cth), cl33 (proposed s166LB): Explanatory Memorandum at 81.

The Act, s476(1)(d).

The Act, s476(3)(e).

Xu (1999) 95 FCR 425 at 436 [28].

eg Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272, 291-292.

When introducing the Administrative Decisions (Judicial Review) Bill (1977) (Cth), the Attorney-General (Mr Ellicott) described the clause providing for written reasons (which became s13) as one of the "principal elements" of the legislation because "[n]o longer will it be possible for the decision maker to hide behind silence": Australia, House of Representatives, Parliamentary Debates (Hansard), 28 April 1977 at 1395-1396.

See eg R v Mayor and Aldermen of London (1832) 3 B & Ad 255 at 273-274 [ 110 ER 96 at 102-103]; referred to in Public Service Board of NSW v Osmond (1986) 159 CLR 656 at 675 per Deane J.

See eg Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 ; Mahony v Industrial Registrar of New South Wales (1986) 8 NSWLR 1 ; Coles v Burke (1987) 10 NSWLR 429 ; Tolhurst v District Court of New South Wales (1990) 19 NSWLR 1 ; Director-General of the Attorney-General's Department v District Court of New South Wales (1993) 32 NSWLR 409 ; Kriticos v New South Wales (1996) 40 NSWLR 297 .

Craig v South Australia (1995) 184 CLR 163 at 180-183; Finn, "Jurisdictional Error: Craig v South Australia", (1996) 3 Australian Journal of Administrative Law 177 at 178, 180-181.

Public Service Board of NSW v Osmond (1986) 159 CLR 656 at 669.

cf Baker v Canada (Minister of Citizenship and Immigration) [1999] 2 SCR 817 ; Taggart, "Administrative Law", (2000) New Zealand Law Review 439.

Dodds v Comcare Australia (1993) 31 ALD 690 at 691 per Burchett J; Singh (2000) 98 FCR 469 at 482 [55].

In an analogous situation, Gibbs CJ concluded that "a material fact" was one which the decision-maker was "bound to consider, and which cannot be dismissed as insignificant or insubstantial": Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 31; cf Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 271-272, 278.

Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 at 507; see also Twist v Randwick Municipal Council (1976) 136 CLR 106 at 110.

Re Palmer and Minister for the Capital Territory (1978) 23 ALR 196 at 206; Kandiah v Minister for Immigration & Multicultural Affairs [1998] FCA 1145 ; Addo v Minister for Immigration & Multicultural Affairs [1999] FCA 940 ; Singh (2000) 98 FCR 469 at 479 [36]; Iveagh (Earl of) v Minister of Housing and Local Government [1964] 1 QB 395 at 410.

The Act, s65.

Re Palmer and Minister for the Capital Territory (1978) 23 ALR 196 at 205-208; Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 at 507; Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124 at 130 per Gummow J; Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162 at 177; Kirby, "Accountability and the Right to Reasons", in Taggart (ed), Judicial Review of Administrative Action in the 1980s, (1986) 36; Bayne, "Reasons, evidence and internal review", (1991) 65 Australian Law Journal 101; Flick, "Administrative Adjudications and the Duty to Give Reasons - A Search for Criteria", (1978) Public Law 16; Ward, "Reasons for Decisions - A Way Forward?", (1993) 45 Administrative Law Review 283; Administrative Review Council, Review of the Administrative Decisions (Judicial Review) Act: Statements of Reasons for Decisions, Report No 33, (1991).

The Act, s430(1)(c).

Singh (2000) 98 FCR 469 at 481 [48]. In Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 at 292, Gummow J held that the Minister's delegate was required to give "proper, genuine and realistic consideration [upon each application's] merits".

Singh (2000) 98 FCR 469 at 482 [56]-[57].

Reasons of Gleeson CJ at [10].

See above at [112].

Kneebone, "Case Commentary: Minister for Immigration and Multicultural Affairs v Fathia Mohammed Yusuf", (2000) 6 High Court Review 3 www.bond.edu.au/law/hcr/contents.htm at [23], [35].

North Sydney Council v Ligon 302 Pty Ltd (1995) 87 LGERA 435 ; Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 at 443.

[1976] 1 WLR 499 at 510; [1976] 2 All ER 781 at 791.

[1964] 1 QB 395 at 410.

The Act, s476(2)(b).

(1999) 197 CLR 510 at 577-578 [191].

Refugees Convention as amended by the Refugees Protocol: see Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 230, 287; the Act, s36.

Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 74 ALJR 775 at 783 [47]; 170 ALR 553 at 564; Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 74 ALJR 1556 at 1574 [36], 1594-1595 [197]-[199]; 175 ALR 585 at 593, 639-640.

cf R v Civil Service Appeal Board; Ex parte Cunningham [1991] 4 All ER 310 at 322 per McCowan LJ; R v Secretary of State for the Home Department; Ex parte Doody [1994] 1 AC 531 at 564.

Hughes v Minister for Immigration and Multicultural Affairs (1998) 53 ALD 607 at 612.

Social Security (Administration) Act 1999 (Cth), s177: "Procedure following [Social Security Appeals Tribunal] decision". The same is true of A New Tax System (Family Assistance) (Administration) Act 1999 (Cth), s141.

eg Fisheries Management Act 1991 (Cth), s160: "Procedure following Panel decision".

Singh (2000) 98 FCR 469 at 478 [34]-[35].

Kirby, "Judging: Reflections on the Moment of Decision", (1999) 18 Australian Bar Review 4 at 4; cf Semunigus v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 533 at 536 [10]-[12], 540-541 [51]-[58], 546-547 [101].

Public Service Board of NSW v Osmond (1986) 159 CLR 656 .

Singh (2000) 98 FCR 469 at 476 [25].

Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 35-36; Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 291-292; Abebe (1999) 197 CLR 510 at 580 [197]; Pearce, "Judicial Review of Tribunal Decisions - The Need for Restraint", (1981) 12 Federal Law Review 167.

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272, 291-292.

See above at [119], n 94.

Singh (2000) 98 FCR 469 at 479 [37].

See the Act, s501, s502.

(2000) 98 FCR 469 at 483 [60].

Yusuf v Minister for Immigration & Multicultural Affairs [1999] FCA 1053 ("reasons of Finn J").

Reasons of Finn J at [25].

Reasons of Finn J at [26]-[27], [30].

Minister for Immigration and Multicultural Affairs v Yusuf (1999) 95 FCR 506 at 513 [29] citing Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402 at 414.

Minister for Immigration and Multicultural Affairs v Yusuf (1999) 95 FCR 506 at 514-515 [35] per Heerey, Merkel and Goldberg JJ.

Reasons of Finn J at [31].

As established by Resolution 428(V) of the General Assembly of the United Nations, 14 December 1950 . See reasons of Callinan J at [243].

Reasons of Callinan J at [237].

Israelian v Minister for Immigration & Multicultural Affairs [1998] FCA 447 ("reasons of R D Nicholson J").

United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status, revised ed (1992) ("the Handbook").

See eg Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 392; Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 302.

Handbook at 40 [171].

Reasons of R D Nicholson J at 13.

Reasons of R D Nicholson J at 12.

Reasons of R D Nicholson J at 13.

Reasons of R D Nicholson J at 16.

Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 at [35].

Minister for Immigration & Multicultural Affairs v Israelian [1999] FCA 649 at [1]-[13] ("reasons of Einfeld and North JJ").

Reasons of R D Nicholson J at 12.

cf R v The District Court; Ex parte White (1966) 116 CLR 644 at 654, 659-662.

Reasons of Einfeld and North JJ at [6]-[7].

R v The District Court; Ex parte White (1966) 116 CLR 644 at 659.

Re Refugee Review Tribunal; Ex parte Aala (2000) 75 ALJR 52 at 54 [5], 64-65 [54], 77 [122], 81-82 [145]-[148], 86 [172], 93-94 [217]; 176 ALR 219 at 221, 236, 252, 259, 265, 275.

No order should be made as to costs: see Eshetu (1999) 197 CLR 611 at 641 [104].

Article 1A(2) of the Convention relating to the Status of Refugees, 28 July 1951 , as amended by the Protocol relating to the Status of Refugees, 31 January 1967 .

(1999) 95 FCR 506 .

(1999) 95 FCR 506 at 510.

(1996) 62 FCR 402 at 413-416.

(1998) 94 FCR 28 at 31, 35-36, 42, 53, 70.

[1998] FCA 1691 .

(1999) 86 FCR 567 .

(1999) 84 FCR 274 .

(1999) 90 FCR 287 .

(1999) 92 FCR 355 .

[1999] FCA 182 .

[1999] FCA 348 at [26], [27].

[1999] FCA 940 .

(1999) 95 FCR 425 .

(1999) 95 FCR 425 at 432.

(2000) 98 FCR 469 .

(2000) 98 FCR 469 at 491.

S424 (since repealed and substituted by Migration Legislation Amendment Act (No 1) 1998 (Cth)).

S426.

S427 and s428.

Pettitt v Dunkley [1971] 1 NSWLR 376 at 382 per Asprey JA.

[1971] 1 NSWLR 376 at 382; see also at 384-385 per Mahoney JA, 388 per Moffitt JA.

(1998) 197 CLR 250 at 260 [22].

[1971] 1 NSWLR 376 at 381-382, 385, 388.

(1986) 159 CLR 656 at 666.

(1999) 95 FCR 425 at 437-438.

(1956) 96 CLR 47 at 51.

(1982) 42 ALR 676 at 682.

(1979) 140 CLR 675 at 685.

(1988) 84 ALR 492 at 505.

(1988) 23 FCR 472 at 519.

(1989) 23 FCR 282 at 294.

(2000) 74 ALJR 1556 at 1583-1584 [144]-[147] per Gummow J; 175 ALR 585 at 623-624. See also 74 ALJR 1556 at 1596-1597 [205]-[206] per Hayne J, 1598-1599 [214], 1600 [219], 1600-1601 [224]-[228] per Callinan J; 175 ALR 585 at 641-642, 644, 646, 647-648.

[1999] FCA 649 .

[1999] FCA 649 at [32]-[36].


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