Federal Court. Can the test concerning the materiality of an error be expressed in the following way: "absent a Court being satisfied that, but for the breach, there is a reasonable possibility that different outcome could have been reached by a decision maker, a failure to accord natural justice will not be jurisdictional error"?
Although this case did not involve migration law, it concerned administrative law and is therefore relevant to the former. It also involved an "appeal" under the ADJR Act.
The Federal Court answered that questions as follows:
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