SZBQV & Ors v MIMA & Anor

The applicants, SZBQV and others, sought judicial review of decisions made by the Minister for Immigration and Multicultural Affairs (MIMA) and another respondent concerning their claims for protection visas. The dispute centred on the lawfulness of the Minister's decisions to refuse to grant these visas, which were made under s 48B of the *Migration Act 1958* (Cth). The matter was heard by Gummow and Heydon JJ of the High Court of Australia.

The primary legal issue before the High Court was whether the Minister, in exercising the power under s 48B of the *Migration Act*, was bound by the principles of procedural fairness. Specifically, the applicants contended that they ought to have been afforded an opportunity to respond to adverse information that the Minister had considered before making the decision to refuse their protection visa applications.

Gummow and Heydon JJ held that the Minister's power under s 48B was not a personal, non-delegable power, but rather a power that could be exercised by a delegate. Crucially, their Honours found that the exercise of this power did not attract the common law duty to afford procedural fairness. This conclusion was based on an interpretation of the statutory scheme, which indicated that Parliament had not intended to impose such a duty in this context. The Court reasoned that the statutory framework for protection visa applications, including the role of the Refugee Review Tribunal, provided a comprehensive system that did not contemplate further procedural fairness obligations at the ministerial review stage under s 48B.

The applications for judicial review were dismissed.