Kumar, Ex parte- Re Min for Immig

This matter concerned an application by Mr. Kumar 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(1) of the *Migration Act 1958* (Cth) to refuse to grant, or to cancel, a visa on character grounds. The application was heard by Gummow J in chambers.

The central legal issue before the Court was whether the Minister had a duty to afford Mr. Kumar procedural fairness before making a decision under section 501(1) of the *Migration Act*. Specifically, the Court was asked to consider whether the Minister was required to notify the applicant of the information upon which the Minister proposed to base the decision and provide an opportunity for the applicant to respond to that information.

Gummow J held that the Minister was not under a duty to afford procedural fairness in this instance. His Honour reasoned that the power conferred by section 501(1) was a discretionary power to refuse or cancel a visa based on character grounds, and that the statutory scheme did not imply an obligation to provide a hearing or an opportunity to respond. The Court distinguished this power from those that might affect existing rights or interests, where procedural fairness is typically implied. The application for prohibition was therefore dismissed.