Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, KIRBY AND HAYNE JJ

RE MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS & ANOR RESPONDENTS

EX PARTE MD ATAUL HAQUE MIAH PROSECUTOR

Re Minister for Immigration and Multicultural Affairs; Ex parte Miah

[2001] HCA 22

3 May 2001

S199/1999

ORDER

1. Order absolute for a writ of prohibition directed to the first respondent prohibiting him from acting upon or giving effect to or proceeding further upon the decision of the first respondent by his delegate the second respondent dated 13 May 1997. 2. Order absolute for a writ of certiorari directed to the first and second respondents to quash the decision of the first respondent by his delegate the second respondent dated 13 May 1997. 3. Order absolute for a writ of mandamus directed to the first respondent requiring him to determine the prosecutor's application for a protection visa under the Migration Act 1958 (Cth) according to law. 4. First respondent to pay the costs of the prosecutor.

Representation:

P Roberts SC with T Reilly for the first respondent (instructed by Australian Government Solicitor)

No appearance for the second respondent

J Basten QC with D H Godwin for the prosecutor (instructed by Ron Kessels)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Re Minister for Immigration and Multicultural Affairs; Ex parte Miah

Immigration – Refugees – Application for protection visa – Decision rejecting application for protection visa – Failure of decision-maker to give applicant opportunity to comment on change of circumstances – Whether denial of procedural fairness – Whether Pt 2 Div 3 Subdiv AB of Migration Act 1958 (Cth) constitutes a code excluding requirements of procedural fairness.