Goldie & Anor, Ex parte - Re MIMA

This matter concerned an application by Goldie and another party (the applicants) for an order in the nature of prohibition against the Minister for Immigration and Multicultural Affairs (MIMA). The applicants sought to prevent the Minister from making a decision under s 501(1) of the *Migration Act 1958* (Cth) to refuse or cancel their visas on character grounds. The application was brought before Kirby J in chambers.

The central legal issue before the Court was whether the Minister's power to refuse or cancel a visa on character grounds under s 501(1) of the *Migration Act* was subject to the implied constitutional requirement of procedural fairness. The applicants contended that the Minister was bound to afford them natural justice before making such a decision, particularly concerning the opportunity to respond to adverse information.

Kirby J considered the principles of procedural fairness as established in Australian administrative law, noting that while the *Migration Act* did not explicitly mandate procedural fairness in relation to s 501(1) decisions, the nature of the power and its significant impact on individuals' rights and interests suggested that such a requirement was implied. His Honour reasoned that a decision to refuse or cancel a visa on character grounds, which could lead to detention and deportation, was a serious matter that engaged fundamental rights. Therefore, the Minister was obliged to provide the applicants with notice of the adverse information and an opportunity to be heard before making a decision.

The Court made orders that the Minister be restrained from making a decision under s 501(1) of the *Migration Act* in relation to the applicants until such time as they had been afforded procedural fairness.