Plaintiff M20-2007 v Minister for Immigration & Citizenship & Anor

The plaintiff, identified as M20-2007, sought judicial review of a decision made by the Minister for Immigration and Citizenship, the first respondent, and the second respondent, concerning the plaintiff's immigration status. The dispute centred on the validity of the Minister's decision to refuse to revoke a deportation order made against the plaintiff. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in considering the revocation of a deportation order under s 501(1) of the *Migration Act 1958* (Cth), was bound by the principles of procedural fairness. Specifically, the court had to determine if the plaintiff was entitled to be provided with the information that formed the basis of the Minister's decision and to make submissions in response to that information before the Minister made his decision.

Hayne J, in his reasons, considered the nature of the power conferred by s 501(1) of the *Migration Act*. His Honour concluded that while the power to revoke a deportation order is discretionary, it is a power that affects the rights and interests of the individual. Consequently, the Minister, when exercising this power, is bound by the common law duty to afford procedural fairness. This duty requires that a person affected by a decision be given a reasonable opportunity to present their case, which includes being informed of the case they have to meet and being given an opportunity to respond to adverse information.

The High Court found that the Minister had failed to provide the plaintiff with adequate notice of the information that was to be taken into account in the decision-making process and an opportunity to respond. Accordingly, the Minister's decision to refuse to revoke the deportation order was quashed.