DOES THE ACT EXCLUDE NATURAL JUSTICE?
The Court rejected the Minister’s argument that the ‘Code of procedure for dealing fairly, efficiently and quickly with visa applications’ was a code in the sense that it contained every obligation of natural justice with which the Minister was obliged to comply. In other words, the unanimous answer to question 1(a) above was yes. This is not surprising given that, as noted by Gleeson CJ, Hayne, McHugh and Kirby JJ, the code makes no reference to bias on the part of the Minister.[57] Gleeson CJ and Hayne J, in dissent, answered question 1(b) in the negative. Their Honours referred to the following considerations as relevant to this finding: • Subdivision AB was described as a ‘code’;[58] • an applicant for a visa does not have a right to make oral or written submissions;[59] • the statutory provisions themselves addressed in detail the issue of the kind of information on which the Minister was required to invite comment before making a decision and gave the Minister a discretionary pow
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