Aung, Ex parte - Re Refugee Review Tribunal & Anor (S127) CHH

This matter concerned an application for an order of prohibition directed to the Refugee Review Tribunal and the Minister for Immigration and Ethnic Affairs. The applicant, Mr. Aung, sought to prohibit the Tribunal from proceeding with a review of a decision made by the Minister to refuse to grant him a protection visa.

The central legal issue before Gaudron J was whether the Refugee Review Tribunal had jurisdiction to review the Minister's decision. Specifically, the question was whether the applicant had been notified of the Minister's decision in accordance with the requirements of the Migration Act 1958 (Cth).

Gaudron J found that the evidence did not establish that the applicant had been notified of the Minister's decision in the manner prescribed by the Act. Consequently, the period within which the applicant could seek review by the Tribunal had not commenced. Therefore, the Tribunal had no jurisdiction to proceed with the review. The application for prohibition was granted.