Section 51A of the Migration Act 1958 (Cth) and Subdivision AB provide comprehensive procedural codes that exclude the common law natural justice hearing rule entirely, including for offshore visa applicants. The procedural fairness obligation to identify critical issues is not enlivened where the issue is apparent from the terms of the applicable regulation and correspondence with the applicant. Under s 65, a decision-maker is not required to make positive findings of fact to support a state of non-satisfaction with visa criteria; the obligation is to refuse if not affirmatively satisfied.
The full text is available to signed-in members, including the 218 later cases that cite this judgment.
8 of the 218 citing cases carry a classified treatment. How each court treated it is available to signed-in members.