Recent Cases

Nathanson v Minister for Home Affairs [2022] HCA 26 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Gleeson JJ)


Administrative law – Judicial review – Jurisdictional error – Requirement that error must be material – When error will be material – Where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister for Home Affairs decided not to revoke cancellation – Where appellant sought review of non-revocation decision by Administrative Appeals Tribunal (“AAT”) – Where AAT denied appellant procedural fairness by not giving opportunity to address relevance of incidents of domestic violence to primary consideration prescribed by direction made under s 499 of Migration Act – Whether denial of procedural fairness material – Whether, in discharging onus, appellant required to establish nature of evidence or submissions that might have been presented had AAT hearing been procedurally fair.

Words and phrases – “judicial review”, “jurisdictional error”, “material”, “materiality”, “natural justice”, “onus of proof”, “practical injustice”, “procedural fairness”, “realistic possibility of a different outcome”, “reasonable conjecture”.