SZFDV & SZATV v Minister for Immigration & Citizenship & Anor

The applicants, SZFDV and SZATV, sought judicial review of decisions made by the Minister for Immigration and Citizenship and the second respondent, concerning their claims for protection visas. The dispute centred on the Minister's assessment of the applicants' claims for protection visas under the *Migration Act 1958* (Cth). The matter was heard by the High Court of Australia.

The primary legal issue before the High Court was whether the Minister, in assessing the applicants' claims for protection visas, had failed to afford them procedural fairness. Specifically, the applicants contended that the Minister had relied on adverse information that had not been disclosed to them, thereby preventing them from responding to that information and making full submissions. This raised questions about the scope of the duty to provide procedural fairness in the context of administrative decision-making under the *Migration Act*.

The High Court, in a joint judgment, held that the Minister's duty to afford procedural fairness extended to disclosing adverse information that was relied upon in making a decision. The Court reasoned that procedural fairness requires a person to be given a reasonable opportunity to present their case, which includes being aware of and having the chance to respond to adverse material that might influence the decision. The Court found that the Minister had breached this duty by failing to disclose certain adverse information to the applicants, which was material to the assessment of their protection claims.

Consequently, the High Court allowed the appeals, quashed the decisions of the Minister, and remitted the applications for protection visas to the Minister for reconsideration according to law.