Re Ruddock; ex parte Applicant S154/2002

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, CALLINAN AND HEYDON JJRE PHILLIP RUDDOCK IN HIS CAPACITY  RESPONDENTSAS MINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS & ANOREX PARTE APPLICANT S154/2002  APPLICANT/PROSECUTRIXRe Minister for Immigration and Multicultural Affairs;Ex parte Applicant S154/2002[2003] HCA 608 October 2003S154/2002ORDER1.   Order nisi, granted on 7 November 2002, discharged.2.   Prosecutrix to pay second respondent’s costs.Representation:J M Patel for the applicant/prosecutrix (instructed by the applicant/prosecutrix)No appearance for the first respondentS J Gageler SC with S B Lloyd for the second respondent (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002Immigration – Refugees – Refugee Review Tribunal – Procedural fairness – Whether Tribunal misled applicant into believing factual claim had been accepted as true – Whether Tribunal relied on evidence tendered earlier to disbelieve factual claim without giving applicant opportunity to demonstrate evidence was not inconsistent with factual claim – Whether Tribunal relied on belated disclosure of rape incident to disbelieve factual claim in circumstances where belated disclosure might have been explicable – Whether subsequent hearing and provision of written submissions cured any earlier breach of requirements of procedural fairness – Inquisitorial hearing by Tribunal – Whether failure by Tribunal to afford procedural fairness amounting to jurisdictional error.Constitution, s 75(v)Migration Act 1958 (Cth), s 420(2).GLEESON CJ.   The facts of the case are set out in the reasons for judgment of Gummow and Heydon JJ ("the joint...