Khan v MIMIA

The case of *Khan v MIMIA* [2004] HCA 34 concerned an appeal to the High Court of Australia from a decision of the Full Federal Court. The appellant, Mr Khan, was a citizen of Pakistan who had entered Australia on a temporary business visa. He subsequently applied for a protection visa, which was refused by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA). Mr Khan then sought judicial review of the Minister's decision.

The primary legal issue before the High Court was whether the Minister, in exercising the power to refuse to grant a protection visa, was bound by the principles of procedural fairness. Specifically, the court had to determine whether Mr Khan had a legitimate expectation of receiving certain information and an opportunity to respond before the Minister made a decision that adversely affected his interests.

Gummow and Kirby JJ, in their joint judgment, held that the Minister's decision-making power in relation to protection visas was not amenable to the imposition of procedural fairness obligations in the manner contended by Mr Khan. Their Honours reasoned that the statutory framework governing protection visas, particularly the *Migration Act 1958* (Cth) and associated regulations, did not confer upon applicants such as Mr Khan a legitimate expectation of procedural fairness in the context of a refusal decision. The court distinguished the present case from others where procedural fairness might be implied, finding that the legislative scheme evinced a clear intention to limit such obligations in this specific area of migration law.

The appeal was dismissed.