Case Law Updates

The fact of notification by the Minister to the AAT that disclosure of information would be contrary to the public interest triggers a procedural fairness obligation on the part of the AAT to disclose that fact to the review applicant; incorrect notification may lead to jurisdictional error; content of notification may be admissible in court for the purposes of materiality

Federal Court (Full Court) extends the High Court's materiality test in Hossain: 'the requirement of materiality for there to be jurisdictional error applies to a court as much as it does to an administrative decision-maker'

Federal Circuit Court: The risk of harm or persecution if removed from Australia 'was a matter to be weighed by the Tribunal in determining whether to affirm the' delegate's decision to cancel the visa

Federal Court (Full Court): 'it will not always be illogical or irrational to place “some weight” on anonymous information'

Federal Circuit Court: for the purposes of cancellation under s 116(1)(e), the risk to the good order of the Australian community included risk caused by actions of members of that community; those members needed not be reasonable nor identified

Federal Court: the effect of s 497(2) of the Migration Act 1958 was that the person who sent a visa cancellation notification under s 501CA(3) needed not be delegated power under s 496(1) to cancel or notify of cancellation

Federal Court: 'I do not think that [deciding to cancel a visa under s 501(3) rather than s 501(2)] is a “decision” which is subject to judicial review'

Federal Court: AAT made jurisdictional error by characterising applicant's actions as a 9-year-old as 'offences'

Federal Court: the applicant's last email address provided to the Minister for the purposes of receiving documents was the one provided by the AAT

Federal Circuit Court: the reference to 2 years under reg 1.15AA 'is not linked to “the assistance” but... to the “medical condition”'