Cassim, Ex parte - Re Min for Immigration

This matter concerned an application by Mr Cassim for an order of prohibition directed to the Minister for Immigration. The applicant sought to prevent the Minister from making a decision under section 501 of the Migration Act 1958 (Cth) to refuse to grant, or to cancel, a visa on character grounds. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the Minister's power under section 501 of the Migration Act 1958 (Cth) to refuse or cancel a visa on character grounds was subject to the implied constitutional requirement of procedural fairness. Specifically, the applicant contended that he was entitled to be afforded natural justice before the Minister exercised this power.

McHugh J considered the nature of the power conferred by section 501 and the potential impact of its exercise on an individual. His Honour concluded that the power to refuse or cancel a visa on character grounds was a significant one, capable of having a profound effect on a person's life and liberty. Applying established principles of administrative law, McHugh J held that such a power, when exercised by a Minister, was not immune from the implied constitutional guarantee of procedural fairness. Therefore, the Minister was obliged to afford the applicant an opportunity to be heard before making a decision under section 501.