Aftab, Ex parte - Re Min for Immig

This matter concerned an application by Mr Aftab for an order nisi for prohibition directed to the Minister for Immigration. The dispute arose from the Minister's decision to refuse to grant Mr Aftab a visa.

The central legal issue before Gleeson CJ, sitting in chambers, was whether the Minister's decision to refuse the visa was vitiated by a failure to afford Mr Aftab procedural fairness. Specifically, the question was whether Mr Aftab had been given adequate notice of the adverse information that the Minister intended to rely upon in refusing his visa application, and whether he had been given a sufficient opportunity to respond to that information.

Gleeson CJ considered the principles of procedural fairness as established in Australian administrative law, particularly the right to know the case against oneself and the right to be heard. His Honour found that the material before him indicated a arguable case that procedural fairness had not been afforded. Consequently, an order nisi for prohibition was granted, requiring the Minister to show cause why the prohibition should not be made absolute.