Herijanto & Ors v RRT

Herijanto & Ors v RRT concerned an application for leave to appeal to the Full Federal Court from a decision of a single judge of that Court. The applicants, Herijanto and others, sought to challenge the decision of the single judge which had dismissed their application for judicial review of a decision made by the Refugee Review Tribunal (RRT). The RRT had affirmed the Minister's decision to refuse the applicants protection visas.

The primary legal issue before Gaudron J was whether there was a sufficient arguable case to grant leave to appeal to the Full Federal Court. This required consideration of whether the single judge had erred in law in dismissing the judicial review application. The applicants contended that the RRT had failed to provide adequate reasons for its decision, thereby breaching the requirements of procedural fairness.

Gaudron J considered the principles governing the grant of leave to appeal, particularly the need for an arguable case of error of law. Her Honour reviewed the reasons provided by the RRT and the arguments advanced by the applicants. While acknowledging the importance of adequate reasons in administrative decision-making, Gaudron J found that the RRT's reasons, when read in their entirety, were not so deficient as to constitute an error of law that would warrant granting leave to appeal.

Consequently, Gaudron J refused the application for leave to appeal.