Abebe, Ex parte- Re Min for Immig

This matter concerned an application by Mr Abebe for an order of certiorari to quash a decision of the Minister for Immigration, Local Government and Ethnic Affairs. The Minister's decision, made on 19 December 1991, was to refuse to grant Mr Abebe a visa to enter Australia. The application was heard in chambers by Gummow J.

The central legal issue before the Court was whether the Minister's decision to refuse the visa was vitiated by a failure to observe the rules of natural justice. Specifically, Mr Abebe contended that he was denied procedural fairness because he was not given an opportunity to respond to adverse information that was before the Minister when the decision was made.

Gummow J applied the principles of natural justice as established in Australian administrative law. His Honour considered that the rules of natural justice require a person to be given a fair hearing before a decision is made that adversely affects their rights or interests. This includes the right to know the case against them and to have an opportunity to present their own case. In this instance, Gummow J found that the adverse information relied upon by the Minister was not disclosed to Mr Abebe, nor was he given an opportunity to address it. Consequently, the decision was made in breach of the rules of natural justice.

The Court ordered that the Minister's decision of 19 December 1991 be quashed.