Recent Cases

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)


Catchwords:


Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied.

Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister refused application to revoke cancellation – Where appellant applied to Administrative Appeals Tribunal to review delegate’s decision – Where Tribunal required to comply with Direction given by Minister under s 499 of Migration Act in determining whether “another reason” why visa cancellation should be revoked – Where Direction required Tribunal engage in evaluative assessment of relevant mandatory considerations – Where Tribunal’s decision involved error – Whether Tribunal’s decision affected by jurisdictional error – Whether error was material.

Words and phrases – “another reason”, “cancellation decision”, “convicted”, “criminal offending”, “direction”, “fanciful or improbable”, “judicial review”, “jurisdictional error”, “materiality”, “merits review”, “protection of the Australian community”, “realistic possibility”, “threshold of materiality”.