Re Minister for Immigration and Multicultural Affairs; Ex parte MIAH

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, KIRBY AND HAYNE JJRE MINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS & ANOR  RESPONDENTSEX PARTE MD ATAUL HAQUE MIAH   PROSECUTORRe Minister for Immigration and Multicultural Affairs; Ex parte Miah[2001] HCA 223 May 2001S199/1999ORDER1.   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 respondentJ 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.CATCHWORDSRe Minister for Immigration and Multicultural Affairs; Ex parte MiahImmigration – 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...