Akpata, Ex parte - Re MIMA

This matter concerned an application by Mr Akpata for an order of certiorari to quash a decision of the Minister for Immigration and Multicultural Affairs (MIMA) to refuse to grant him a protection visa. The application was heard by Gummow J in chambers.

The primary legal issue before the Court was whether the Minister's decision was vitiated by a failure to afford Mr Akpata procedural fairness. Specifically, the question arose as to whether the Minister was obliged to provide Mr Akpata with a copy of a report prepared by the Department of Immigration and Multicultural Affairs concerning his protection visa application, and to afford him an opportunity to respond to that report, before making the decision to refuse the visa.

Gummow J applied the principles of procedural fairness as established in Australian administrative law. His Honour referred to the High Court's decision in *Kiao v Minister for Immigration and Ethnic Affairs* (1985) 159 CLR 1, which affirmed that a person affected by an administrative decision is entitled to know the case they have to meet. In this instance, Gummow J found that the Departmental report contained adverse information that was material to the Minister's decision and that Mr Akpata had not been given a reasonable opportunity to address this information. Consequently, the decision was affected by a denial of procedural fairness.

The Court made orders quashing the Minister's decision to refuse the protection visa and remitting the application to the Minister for reconsideration according to law.