Zhu, Ex parte - Re MIMA & Ors (S -00) CHH

This matter concerned an application by Mr Zhu for an order to set aside a decision of the Minister for Immigration and Multicultural Affairs (MIMA) and the delegate of the Minister, which affirmed a decision of the Refugee Review Tribunal (RRT). The application was heard by Gleeson CJ in chambers.

The central legal issue before the Court was whether the Minister's delegate had failed to provide Mr Zhu with a fair hearing, specifically in relation to the delegate's reliance on information that had not been disclosed to Mr Zhu prior to the delegate's decision. Mr Zhu contended that this failure constituted a breach of the rules of natural justice.

Gleeson CJ considered the principles of procedural fairness, noting that a party is generally entitled to know the case they have to meet and to have an opportunity to respond to adverse information. His Honour found that the delegate had relied on information from a confidential source that was not disclosed to Mr Zhu, and that this information was material to the delegate's assessment of Mr Zhu's claims. The Court concluded that the delegate's failure to disclose this information and provide Mr Zhu with an opportunity to comment on it amounted to a breach of the rules of natural justice.

The Court made orders setting aside the decision of the Minister's delegate and remitting the matter to the Minister for reconsideration according to law.