Federal Court. For the purposes of the materiality test, FCAFC (White, Perry and Charlesworth JJ) held in Ibrahim that the judicial review applicant had to prove what would have happened had the decision-maker not made the error in question. FCAFC (Rares, Griffiths and Burley JJ) in Karan came to the same conclusion. FCAFC (Jagot, Robertson and Farrell JJ) in Nguyen disagreed with Ibrahim. FCAFC (Katzmann, Mortimer and Bromwich JJ) recently adopted one of Ibrahim and Nguyen. However, as the FCA decision extracted in this article indicates, the division shown by the Ibrahim / Nguyen tension is still present among justices of the FCA.
Although the Full Court of the Federal Court (FCAFC) recently adopted one of Ibrahim and Nguyen, the single judge decision of the Federal Court (FCA) extracted below indicates that the division shown by the Ibrahim / Nguyen tension is still present among justices of the FCA.