Applicant A & Applicant B v Min for Immig & Ethnic Affairs

The applicants, identified as Applicant A and Applicant B, sought judicial review of a decision made by the Minister for Immigration and Ethnic Affairs. The dispute concerned the Minister's refusal to grant the applicants a protection visa. The matter came before the Full Federal Court of Australia.

The central legal issue before the Court was whether the Minister, in considering the applicants' claims for a protection visa, had adequately discharged the duty of inquiry imposed by s 424A of the *Migration Act 1958* (Cth). This section requires the Minister to provide an applicant with particulars of any information that might be the reason for refusing to grant a protection visa and to give the applicant a reasonable opportunity to respond.

The Court reasoned that the duty of inquiry under s 424A is a substantive one, requiring the Minister to take active steps to ascertain the facts relevant to the applicant's claim. It was not sufficient for the Minister merely to notify the applicant of adverse information; the Minister must also ensure that the applicant has a genuine opportunity to address that information. In this instance, the Court found that the Minister had failed to provide the applicants with sufficient particulars of the information that formed the basis of the refusal, thereby preventing them from making a meaningful response. The Court held that this failure constituted a breach of the duty of inquiry.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.