Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees' Union (No 2)

The case of Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees' Union (No 2) involved the applicant, Concrete Constructions Pty Ltd, a construction company, and the respondent, the Plumbers and Gasfitters Employees' Union, in relation to the deportation of a prohibited non-citizen. The matter was brought before the Federal Court of Australia, where the applicant sought judicial review of the decision to deport the non-citizen, made by the Minister under the Migration Act. The applicant argued that the decision was flawed due to procedural irregularities and errors in the application of the law.

The court was required to determine whether the Minister had exercised the discretion conferred by the Migration Act in a manner that was consistent with the principles of natural justice. Specifically, the court had to consider whether the Minister had failed to consider relevant circumstances, had considered irrelevant circumstances, or had otherwise exercised the discretion improperly or unreasonably. The applicant contended that the Minister had not afforded the non-citizen an opportunity to be heard and had not given proper weight to the non-citizen's circumstances, including their employment and family ties in Australia.

In its judgment, the court found that the Minister had indeed failed to observe the principles of natural justice in making the decision to deport the non-citizen. The court held that the Minister had not given the non-citizen a fair opportunity to present their case and had not properly considered all relevant circumstances, such as the non-citizen's employment and family ties in Australia. The court further found that the Minister had given undue weight to irrelevant circumstances, such as the non-citizen's criminal history. As a result, the court concluded that the Minister had exercised the discretion conferred by the Migration Act improperly and unreasonably.

The court quashed the deportation order and other related orders made against the non-citizen, but did not quash the decision to revoke the orders and decisions of 19 December 1986. The court referred the matter back to the Minister for further consideration, in accordance with the Reasons for Judgment. The court emphasised the importance of observing the principles of natural justice in the exercise of discretionary power, particularly in cases involving the deportation of non-citizens.