Pejcev, Ex parte - Re Minister for Immigration

This matter concerned an application by Mr. Pejcev for an order of certiorari to quash a decision of the Minister for Immigration, made on 16 March 1999, which cancelled Mr. Pejcev's entry permit. The application was heard by Callinan J in chambers.

The central legal issue before the Court was whether the Minister's decision to cancel Mr. Pejcev's entry permit was vitiated by a failure to afford him natural justice. Specifically, the question was whether Mr. Pejcev was given adequate notice of the grounds upon which the Minister proposed to cancel his permit, and whether he was afforded a sufficient opportunity to respond to those grounds.

Callinan J found that the notice provided to Mr. Pejcev was inadequate. The notice informed him that his permit might be cancelled because he had contravened a condition of his permit by engaging in employment without authorisation. However, the notice did not specify the particular employment or the dates on which it was alleged to have occurred. This lack of specificity meant that Mr. Pejcev could not have known the precise case he had to meet, thereby denying him a fair opportunity to present his defence. His Honour applied the principle that a person facing a decision that may adversely affect their rights must be given adequate notice of the case against them and a reasonable opportunity to respond.

Consequently, Callinan J made an order quashing the Minister's decision of 16 March 1999.