Minister for Immigration and Ethnic Affairs & Anor v Arslan, Rafet & Anor [1984] FCA 241

Minister for Immigration and Ethnic Affairs & Anor v Arslan, Rafet & Anor [1984] FCA 241

Given the Minister's unconditional and absolute discretion to order deportation and cancel temporary entry permits under the Migration Act, no legitimate expectation arose entitling the respondents to be informed of or respond to adverse material, and thus natural justice in this form was not required.

Parties
Appellants: The Minister of State for Immigration and Ethnic Affairs and John Durrell; Respondents: Rafet Arslan and Erol Aydin
Jurisdiction
Australia
Judgment Date
17 August 1984
Procedural Posture
Judicial Review, Immigration / Appeal From Trial Judge's Decision
Outcome
Appeals allowed with costs.
Legal Topics
Judicial Review, Temporary Entry Permits, Legitimate Expectation, Natural Justice
Administrative Law Immigration Law Judicial Review Temporary Entry Permits Legitimate Expectation Natural Justice

Case Brief

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Parties

The Minister of State for Immigration and Ethnic Affairs and John Durrell

Appellants

Rafet Arslan and Erol Aydin

Respondents

Procedural Posture

Judicial Review, Immigration / Appeal From Trial Judge's Decision

Legal Issues

  1. 1 Whether the trial judge erred in inferring Mr Durrell saw and took into account certain adverse allegations without giving respondents an opportunity to respond
  2. 2 Whether the respondents had a 'legitimate expectation' entitling them to natural justice in the decision to refuse further temporary entry permits

Ratio Decidendi

Given the Minister's unconditional and absolute discretion to order deportation and cancel temporary entry permits under the Migration Act, no legitimate expectation arose entitling the respondents to be informed of or respond to adverse material, and thus natural justice in this form was not required.

Court Disposition

Appeals allowed with costs.

Orders

  • Appeals allowed.
  • Orders of the trial judge set aside.