Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam

The High Court of Australia considered an application for orders of certiorari and prohibition brought by Mr Lam against the Minister for Immigration and Multicultural and Indigenous Affairs. Mr Lam sought to quash the decision to cancel his visa, which had been cancelled under section 501(6) of the *Migration Act 1958* (Cth) for failing to pass a character test, and to prevent his deportation. The application was brought directly to the High Court under its constitutional jurisdiction.

The central legal issue before the Court was whether Mr Lam had been denied procedural fairness. Specifically, the applicant contended that the decision-maker had notified him that contact would be sought with the carers of his children to assess the impact of visa cancellation on them, but then failed to make such contact. This failure, it was argued, meant that a relevant consideration – the best interests of his children – was not properly taken into account.

The Court reasoned that the applicant's claim of procedural unfairness rested on a narrow factual basis and that there was no evidence that Mr Lam had relied to his detriment on the statement that the carers would be contacted. The Court noted that the applicant had not been deprived of an opportunity to present further information or submissions, nor had he been misled into taking or failing to take any action. Furthermore, the Court found that the interests of the children had been extensively considered in the decision-making process, with information provided by the applicant, corroborated by a letter from Ms Tran (a carer), and a letter from the applicant's father. The Court concluded that the applicant had not established a denial of procedural fairness.

The application was dismissed with costs.