Administrative Law Experts in Sydney

Administrative law governs the processes by which government agencies, tribunals, and commissions make decisions. Every decision-maker is required to follow administrative law principles, ensuring that decisions are made fairly and are both correct and preferable.

THE ROLE OF ADMINISTRATIVE LAW IN MIGRATION

Administrative law principles stem from common law and judicial precedents. In migration matters, many of these principles are codified in the Migration Act 1958 and Migration Regulations 1994, but not all. Determining which principles apply, why they apply, and how they impact a decision requires careful legal analysis.

Migration law and administrative law frequently overlap. For instance, a decision-maker may correctly assess that you do not meet visa criteria and refuse your application, but if they fail to afford you procedural fairness, their decision may be invalid.

WHAT IS PROCEDURAL FAIRNESS?

Procedural fairness ensures that decisions are made through a just and transparent process, rather than focusing solely on the outcome.

It is built on two key legal principles:

1. THE HEARING RULE

The natural justice hearing rule requires that individuals affected by a decision be given a fair opportunity to present their case. While migration law does not guarantee an oral hearing, there are circumstances where it may be required. Additionally, if a decision-maker relies on adverse information that was not disclosed to you, this may constitute a breach of procedural fairness.

2. THE RULE AGAINST BIAS

Decision-makers must remain impartial. The rule against bias is divided into:

Actual Bias: When the decision-maker has prejudged the case and cannot be persuaded otherwise.
Apprehended Bias: When a reasonable observer would perceive the decision-maker as lacking impartiality.

If you believe bias has affected your case, we can assess the evidence and determine whether your rights have been compromised.