Minister for Immigration and Citizenship v Li and Anor

The Minister for Immigration and Citizenship (the appellant) appealed to the High Court of Australia against a decision of the Full Federal Court, which had allowed an appeal by Mr Li and his wife (the respondents) against a decision of a delegate of the Minister. The dispute concerned the validity of a decision made by the Minister to refuse to grant Mr Li a visa. The Full Federal Court had found that the delegate's decision was vitiated by a failure to provide procedural fairness.

The High Court was required to determine whether the delegate's decision to refuse Mr Li's visa application was valid, notwithstanding the delegate's failure to provide Mr Li with an opportunity to respond to adverse information that was before the delegate and which was relied upon in the decision to refuse the visa. Specifically, the Court considered the application of the principles of procedural fairness in the context of administrative decision-making under the *Migration Act 1958* (Cth).

The High Court held that the delegate's failure to provide Mr Li with procedural fairness meant that the decision to refuse the visa was invalid. The Court reasoned that where a decision-maker relies on adverse information that is not known to the applicant, and which is determinative of the outcome, the applicant must be given a reasonable opportunity to respond to that information. This principle is fundamental to the concept of procedural fairness, ensuring that individuals are treated justly and have a fair opportunity to present their case before a decision is made that affects their rights or interests. The Court affirmed that the obligation to provide procedural fairness is not displaced by the broad powers conferred on the Minister under the *Migration Act*.

The appeal was dismissed, and the decision of the Full Federal Court was affirmed.