Radojicic, Ex parte - Re Min for Immig

This matter concerned an application by Mr Radojicic for an order of prohibition directed to the Minister for Immigration. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the Minister for Immigration had acted unlawfully in refusing to grant Mr Radojicic a visa. Specifically, the Court was required to determine if the Minister's decision was vitiated by a failure to observe the rules of natural justice.

McHugh J found that the Minister's decision to refuse the visa was made without affording Mr Radojicic an opportunity to be heard in relation to adverse information that had come to the Minister's attention. His Honour held that the principles of natural justice required that a person be given a reasonable opportunity to respond to adverse material that might influence a decision affecting their rights or interests. As this opportunity had not been provided, the Minister's decision was unlawful.

Consequently, McHugh J made an order prohibiting the Minister from acting upon the decision to refuse the visa.