Shine and Anor v Minister for Immigration and Anor (No.2)

Shine and Anor (applicants) brought proceedings against the Minister for Immigration and Anor (respondents) before the Federal Circuit and Family Court of Australia. The dispute concerned a decision by the Minister to refuse to grant the applicants a Temporary Graduate visa, following a show cause hearing.

The court was required to determine whether the applicants had established arguable grounds for relief, specifically concerning alleged breaches of natural justice and procedural fairness during the show cause hearing. The applicants contended that they had failed to provide a valid English test score within the prescribed three-year time limit, but later submitted a renewed score after the visa application was lodged.

Justice Kelly found that the evidence demonstrated the IELTS results were issued within three years of the visa application date. Furthermore, the hearing record indicated a very short duration for the show cause hearing, and the applicant's evidence suggested a group hearing with limited opportunity for individual submissions. These factors provided a sufficient basis to conclude that the grounds of breach of natural justice and procedural fairness were arguable, warranting an adjournment for a final hearing and for the Minister to show cause why relief should not be granted.