MZXGE & Ors v MIMIA

The High Court of Australia heard an appeal concerning the interpretation of the *Migration Act 1958* (Cth) and its application to a group of individuals, identified as MZXGE and others, who sought to challenge decisions made by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA). The core of the dispute revolved around the lawfulness of the Minister's decision to refuse to revoke a deportation order made against the appellants.

The central legal question before the High Court was whether the Minister, in exercising the power to refuse to revoke a deportation order under s 501(1) of the *Migration Act*, was bound by the principles of procedural fairness. Specifically, the court had to determine if the appellants were entitled to be heard or to make submissions before the Minister made that decision, and if the Minister's decision-making process was otherwise amenable to judicial review on grounds of procedural unfairness.

Hayne J, delivering the judgment of the Court, reasoned that the power to refuse to revoke a deportation order under s 501(1) was a discretionary power vested in the Minister. His Honour held that while the Minister's decision had significant consequences for the affected individuals, the statutory framework of the *Migration Act* did not confer upon the appellants a right to procedural fairness in relation to this specific discretionary power. The Court concluded that the Minister was not obliged to afford the appellants an opportunity to make submissions before deciding not to revoke the deportation order, and therefore, the decision was not amenable to judicial review on the grounds of a breach of procedural fairness.