Ogawa, An application by

This matter concerned an application by Mr. Ogawa for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute arose from Mr. Ogawa's application for a protection visa, which had been refused by the Minister for Immigration and Multicultural Affairs. The Full Federal Court had dismissed Mr. Ogawa's appeal against the decision of a single judge of the Federal Court, who had also dismissed Mr. Ogawa's application for judicial review of the Minister's decision.

The primary legal issue before the High Court was whether the Full Federal Court had erred in law in its interpretation and application of section 424A of the *Migration Act 1958* (Cth). Specifically, the Court was asked to consider whether the Full Federal Court had correctly determined that the Minister was not required to provide Mr. Ogawa with a copy of a particular adverse assessment of his claims, which had been obtained by the Department of Immigration and Multicultural Affairs.

Kirby J, in his reasons, focused on the principles of procedural fairness and the interpretation of statutory provisions. His Honour considered the purpose of section 424A, which is to ensure that applicants for protection visas are given a reasonable opportunity to respond to adverse information that might affect the decision-making process. Kirby J concluded that the Full Federal Court had erred in its interpretation of the section, finding that the adverse assessment in question was information that the Minister was obliged to provide to Mr. Ogawa under section 424A, as it was information that might be the substantial reason for refusing the visa.

Consequently, Kirby J granted special leave to appeal and allowed the appeal. The High Court set aside the orders of the Full Federal Court and remitted the matter to the Federal Court for redetermination according to law.