SZHSB v MIAC & Anor

The applicant, SZHSB, sought judicial review of a decision by the Minister for Immigration and Citizenship (MIAC) to refuse to grant a protection visa. The second respondent was the Immigration Assessment Authority (IAA). The dispute concerned whether the applicant's claims for protection were valid and whether the Minister's decision was affected by jurisdictional error.

The primary legal issue before the High Court was whether the delegate of the Minister, in refusing the protection visa, had failed to afford the applicant procedural fairness. Specifically, the court considered whether the delegate was required to provide the applicant with an opportunity to respond to adverse information that was relied upon in the decision-making process, and if so, whether that opportunity had been adequately provided.

Gummow and Kiefel JJ held that the delegate's decision was vitiated by jurisdictional error due to a failure to provide procedural fairness. Their Honours applied the principles established in *Kiao v Minister for Immigration and Ethnic Affairs* and *Minister for Immigration and Ethnic Affairs v Teoh*, which require that a person be given notice of adverse information that is to be relied upon in a decision affecting their rights and an opportunity to comment on it. The court found that the delegate had relied on adverse information that had not been disclosed to the applicant, and that the opportunity to respond, if any, was insufficient.

The High Court allowed the appeal, set aside the decision of the Federal Court, and remitted the application for a protection visa to the Minister for reconsideration according to law.