Abstract

The case of Re Minister for Immigration and Multicultural Affairs; ex parte Miah is a reminder to legislative drafters that the principles of natural justice can only be excluded where there are plain words of necessary intendment, reopening the question of the jurisdictional basis for imposing natural justice requirements on administrative decision-makers. It is very difficult for Parliament to provide for multi-layered decision-making, where the initial decision is used to resolve visa applications that fall within the prescribed criteria.

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