1718935 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by applicants from China. The delegate of the Minister had refused to grant the visa.

The central legal issue before the Tribunal was whether the delegate's decision was valid, given that the decision was made prior to the applicants' interview. The Tribunal was required to determine if this procedural irregularity breached fundamental principles of administrative law.

The Tribunal applied the principle of 'Audi Alteram Partem', a cornerstone of natural justice, meaning "hear the other side" or "no man should be condemned unheard." The Tribunal found that the delegate's decision, made before the applicants had the opportunity to present their case fully at an interview, was a breach of this fundamental principle. Consequently, the decision was vitiated.

The Tribunal set aside the delegate's decision and remitted the matter to the Department for reconsideration of the applicants' claims *de novo*.