Goldie & Anor, Ex parte - Re MIMA

This matter concerned an application by Goldie and another party for an order of prohibition directed to 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 heard by Callinan J in chambers.

The central legal issue before the Court was whether the Minister had a duty to afford the applicants procedural fairness before making a decision to refuse or cancel their visas under s 501(1) of the *Migration Act*. Specifically, the applicants contended that they were entitled to be informed of the information upon which the Minister proposed to base his decision and to be given an opportunity to respond to that information.

Callinan J considered the principles of procedural fairness as established in Australian administrative law. His Honour noted that while the *Migration Act* conferred broad powers on the Minister, these powers were not unfettered and were subject to the implied constitutional guarantee of procedural fairness. His Honour found that the nature of the decision to refuse or cancel a visa on character grounds, which could have significant consequences for the individual, necessitated the provision of an opportunity to be heard. The Minister was therefore required to provide the applicants with notice of the adverse information and a reasonable opportunity to make submissions before reaching a decision.

The application for prohibition was granted, with orders made preventing the Minister from making a decision under s 501(1) of the *Migration Act* without first affording the applicants procedural fairness.