Salew, Ex parte- Re Minister for Immigration and McNaughton

This matter concerned an application for an order of prohibition directed to the Minister for Immigration and Ethnic Affairs, brought by Mr Salew. The dispute arose from the Minister's decision to refuse to grant Mr Salew a visa to enter Australia. The application was heard by Gaudron J in chambers.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa was vitiated by a failure to observe the rules of natural justice. Specifically, the question was whether Mr Salew had been afforded a sufficient opportunity to present his case before the decision was made.

Gaudron J considered the principles of natural justice, particularly the right to a fair hearing. Her Honour found that the Minister's delegate had not provided Mr Salew with adequate notice of the adverse information that was being considered in relation to his visa application, nor had he been given a reasonable opportunity to respond to that information. Consequently, the decision to refuse the visa was made in breach of the rules of natural justice.

Her Honour made an order prohibiting the Minister from further processing the application for the visa, effectively quashing the decision to refuse it.