It is essential that government decision-making is conducted in a way so as to not constrain an applicant in the opportunity to present her or his case. In Minister for Immigration and Border Protection v SZSSJ  HCA 29; (2016) 259 CLR 180, at , the High Court referred to the comments of Gleeson CJ in Lam and stated:
“... compliance with an implied condition of procedural fairness requires the repository of a statutory power to adopt a procedure that is reasonable in the circumstances to afford an opportunity to be heard to a person who has an interest apt to be affected by exercise of that power. The implied condition of procedural fairness is breached, and jurisdictional error thereby occurs, if the procedure adopted so constrains the opportunity of the person to propound his or her case for a favourable exercise of the power as to amount to a "practical injustice". . ."