Dang v Administrative Appeals Tribunal [2019] FCAFC 220

FEDERAL COURT OF AUSTRALIA

Dang v Administrative Appeals Tribunal [2019] FCAFC 220 Appeal from: Dang v Administrative Appeals Tribunal [2019] FCCA 586

File number: WAD 145 of 2019

Judges: KERR, COLVIN AND JACKSON JJ

Date of judgment: 11 December 2019

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of a delegate of the Minister to refuse to grant the appellant a visa - where visa required satisfaction of the health criteria in cl 4007 of the Migration Regulations 1994 (Cth) - where delegate's refusal of the visa based on the appellant's son's failure to meet the health criteria by reason of his medical condition - where opinion prepared by Medical Officer as required by the Regulations - whether assessment undertaken by the Medical Officer sufficiently identified the nature and extent of the appellant's son's medical condition - whether opinion of Medical Officer was based on sufficiently current information - whether the Tribunal did not afford the appellant procedural fairness in failing to disclose a certificate issued under s 375A of the Migration Act 1958 (Cth) - where information covered by the certificate was used to determine the costs to the Australian community of medical and community services for the appellant's son - consideration of the primary judge's approach to materiality - appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 33(1AA) Migration Act 1958 (Cth) s 375A Migration Regulations 1994 (Cth) reg 2.25A, Schedule 4 cl 4007