Lam v Minister for Immigration & Multicultural Affairs

Lam v Minister for Immigration & Multicultural Affairs involved a Chinese national who entered Australia illegally in 1985, later marrying a Vietnamese citizen and starting a family. His application for a Transitional (Permanent) Visa was subject to public interest criteria, which were satisfied by the Administrative Appeals Tribunal. The Minister, however, had the power to review this decision under the amended Migration Act, specifically section 501A, to determine if the applicant passed the character test. The central issue was whether the applicant was entitled to relief despite his criminal history and the provisions allowing the Minister to reconsider the grant of a visa.

The court needed to determine if the statutory provisions allowing the Minister to review and potentially set aside the Tribunal's decision were consistent with the principles of natural justice. This involved examining whether the Minister's power under section 501A of the Migration Act was exercised in a manner that adhered to the principles of natural justice, particularly given the significant consequences for the applicant. The court had to consider the definition of the character test and whether the applicant's past criminal conduct and other factors justified a refusal of the visa.

The court concluded that the statutory provisions did not contravene the principles of natural justice. The Minister's power to review and set aside the decision to grant a visa, if the Minister reasonably suspected that the applicant did not pass the character test and the applicant could not satisfy the Minister to the contrary, was exercised in accordance with the law. The court found that the Minister had acted within their authority and that the decision-making process was fair and just. Consequently, the court ruled that the applicant was not entitled to relief.

The court ordered that the question of whether the applicant was entitled to relief on the ground stated in his application be answered in the negative. The matter was to be listed for further directions on 5 September 2000.