Minister for Immigration and Multicultural Affairs v Wang

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY AND HAYNE JJMINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS   APPELLANTANDJI DONG WANG  RESPONDENTMinister for Immigration and Multicultural Affairs v Wang[2003] HCA 1112 March 2003S295/2001ORDER1.   Appeal allowed.2.   Set aside the orders of the Full Court of the Federal Court made on 3 April 2001 and, in their place, order that the application to that Court pursuant to the liberty reserved by the order of 10 November 2000 be dismissed. On appeal from the Federal Court of AustraliaRepresentation:J Basten QC with N J Williams SC for the appellant (instructed by Australian Government Solicitor)J T Gleeson SC with M R Speakman for the respondent (instructed by Stuart & Mills)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Multicultural Affairs v WangImmigration – Review – Refugee Review Tribunal – Orders made by Federal Court on application for review – Where Tribunal erred in law in making earlier decision – Power of Court to refer matter to Tribunal constituted by member who made earlier decision – Power of Court to give direction as to constitution of Tribunal – Proper considerations in exercise of such discretion – Whether direction in the interests of justice – Whether necessary to do justice to preserve Tribunal's findings of fact on first review.Immigration – Review – Refugee Review Tribunal – Nature of proceedings before – How Tribunal in second hearing should regard findings of fact made in first hearing.Words...