NABR v MIMA

The applicants, NABR and others, sought judicial review of decisions made by the Minister for Immigration and Multicultural Affairs (MIMA) to refuse their applications for protection visas. The applicants were citizens of Afghanistan and had arrived in Australia by boat. The core of the dispute concerned the lawfulness of the Minister's decisions, which were made under s 48B of the *Migration Act 1958* (Cth).

The primary legal issue before the High Court was whether the Minister, when considering an application under s 48B, was required to consider the applicants' claims for protection in accordance with the principles of natural justice. Specifically, the court had to determine if the Minister was obliged to afford the applicants an opportunity to respond to adverse information that might have influenced the decision to refuse their protection visa applications.

Gleeson CJ and Heydon J held that the Minister's decision-making power under s 48B was not subject to the common law duty to afford natural justice. Their Honours reasoned that s 48B conferred a non-compellable, discretionary power on the Minister to grant a visa in exceptional circumstances, and that the statutory scheme did not contemplate or require the application of natural justice principles in such a context. The court distinguished this power from the statutory duty to grant a protection visa under other provisions of the *Migration Act*, which are subject to natural justice requirements.

The applications for judicial review were dismissed.