VWAL v MIMA and Anor

The applicant, VWAL, sought judicial review of a decision by the Minister for Immigration and Multicultural Affairs (MIMA) to refuse to grant a protection visa. The second respondent was the Refugee Review Tribunal (RRT). The dispute concerned whether VWAL met the criteria for a protection visa under the *Migration Act 1958* (Cth).

The High Court was required to determine whether the RRT, in affirming the Minister's decision, had failed to afford natural justice to VWAL. Specifically, the court considered whether VWAL had been given adequate notice of the adverse information that the RRT intended to rely upon in making its decision, and whether VWAL had been given a sufficient opportunity to respond to that information.

The Court held that the RRT had breached the rules of natural justice. It was not sufficient for the RRT to merely provide VWAL with a copy of the adverse information. The RRT was obliged to inform VWAL of the *significance* it attached to that information and to provide a genuine opportunity to address the specific concerns that led to the adverse findings. The principles of procedural fairness required that VWAL be given a real chance to present its case in light of the RRT's intended reasoning.

The High Court allowed the appeal, set aside the decision of the RRT, and remitted the matter to the RRT for redetermination according to law.