Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs

(2003) 195 ALR 24; [2003] FCAFC 184

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Migration
4. › Refugee Review Tribunal
5. › Duty to review
6. › Failure to consider claim going to criterion for grant of protection visa
7. › Whether failure to deal with issue in reasons raises inference issue was overlooked
8. › Whether failure amounted to jurisdictional error
9. › Migration Act 1958 (Cth), ss 36, 414, 415
1. Administrative Law
2. › Judicial review
3. › Migration
4. › Reasons for decision
5. › Inferences to be drawn from failure to advert to particular contention and evidence
6. › Distinction between failure to consider evidence and failure to address contention
7. › Whether Tribunal required to refer to every piece of evidence
1. Administrative Law
2. › Judicial review
3. › Privative clause
4. › Whether s 474 of Migration Act 1958 (Cth) bars judicial review where jurisdictional error alleged
5. › Migration Act 1958 (Cth), s 474

Quick Take

Where a Tribunal fails to expressly deal with a claim that, if accepted, would be dispositive of the review, a strong inference arises that the claim was overlooked, constituting jurisdictional error — though this inference is not too readily drawn where reasons are otherwise comprehensive.