SZELA v Minister for Immigration & Anor

This case involved an application by SZELA against the Minister for Immigration and another, seeking orders for a writ of certiorari to quash a decision by the Refugee Review Tribunal dated 26 September 2000, and for a writ of mandamus to compel the Tribunal to rehear the matter. The Tribunal had affirmed a decision by a delegate, made on 21 June 1999, which refused to grant a protection visa to the applicant. The court's jurisdiction to hear this application was granted under section 483A of the Migration Act 1958, which provides the Court with the same jurisdiction as the Federal Court in relation to a matter arising under this Act. The court was also guided by section 39B of the Judiciary Act 1903, which applies to the proceeding by reason of a transitional provision.

The court had to decide whether the decision of the Tribunal was affected by jurisdictional error and whether the applicant's four-year delay in commencing the application should be a factor in denying relief. The court examined the applicant's explanation for the delay and addressed discretionary considerations further. The court held that the Tribunal's decision was affected by jurisdictional error and granted the writ of certiorari and mandamus as requested. The court also recommended that the Minister's Department should follow procedures to ensure that the Court is informed as soon as an applicant is taken into detention, so that it can expedite its hearing in the matter. The orders included joining the Refugee Review Tribunal as the second respondent, quashing the Tribunal's decision, and directing the Tribunal to determine according to law the application for review of the delegate's decision.