Minister for Immigration and Multicultural Affairs v Jia

Immigration – Actual bias – Prejudgment – Cancellation of visa by Minister – Public discussion by Minister of relevance of past criminal conduct to question of good character – Whether exercise of discretion by Minister was affected by bias.

Immigration – Procedural fairness – Reasonable apprehension of bias – Standard of conduct required of Minister exercising powers under Migration Act 1958 (Cth), ss 501 and 502 – Application of principles of bias and apprehended bias to members of executive government contrasted with their application to judges.

Immigration – Cancellation of visa by Minister under Migration Act 1958 (Cth), ss 501 and 502 – Whether powers under ss 501 and 502 can be exercised in a manner contrary to a tribunal decision without a material change in circumstances.

Administrative law – Natural justice – Bias – Actual and imputed – Immigration decision made by Minister – Whether exercise of discretion was affected by bias – Reference to individual case in public broadcast and private letter – Whether Minister's powers may be exercised in a manner contrary to a tribunal decision without a material change in circumstances.

Words and phrases – "good character".

Constitution – s 75(v).

Migration Act 1958 (Cth) – ss 476, 501, 502.