Vedamanikkam & Ors, Ex parte - Re Min for Immig (M52 & Ors) CHH

The applicants, Vedamanikkam and others, sought an order of prohibition against the Minister for Immigration and others, concerning decisions made under the *Migration Act 1958* (Cth). The matter came before Hayne J in chambers.

The central legal issue before the Court was whether the Minister for Immigration had a duty to provide reasons for the decision to refuse to grant a visa to the applicants, notwithstanding that the decision was made under a provision of the *Migration Act* that did not explicitly mandate the provision of reasons. The applicants contended that such a duty arose from the principles of administrative law, particularly concerning procedural fairness.

Hayne J considered the relevant provisions of the *Migration Act* and the common law principles of administrative law. His Honour noted that the Act specified circumstances in which reasons must be provided, and that the absence of such a requirement in the particular provision under which the decision was made was significant. His Honour concluded that, in the absence of a statutory obligation or a clear indication that reasons were required by the common law in this specific context, the Minister was not under a duty to provide reasons for the decision. The Court found that the applicants had not demonstrated that the decision-making process, as conducted, breached any requirement of procedural fairness.

The application for prohibition was dismissed.