Delay Totally Invalidates an Administrative Decision: Nais and Others v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2005) 223 Alr 171

Abstract

The question before the High Court in Nais and Others v Minister for Immigration and Multicultural and Indigenous Affairs and Another¹ ('Nais') was whether excessive delay nullified an administrative decision. The majority of Gleeson CJ, Kirby, Callinan and Heydon JJ, over the dissenting judgments of Gummow and Haynes JJ, held that excessive delay did vitiate the administrative decision in this particular case.² It was also noted that the rules of procedural fairness are not necessarily breached by inordinate delay but rather delay may deny an applicant the opportunity to have their case properly considered.³