LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ

LPDT APPELLANT

AND

MINISTER FOR IMMIGRATION, CITIZENSHIP,

MIGRANT SERVICES AND MULTICULTURAL

AFFAIRS & ANOR RESPONDENTS

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2024] HCA 12

Date of Hearing: 6 February 2024

Date of Judgment: 10 April 2024

M70/2023

ORDER

1. Appeal allowed with costs.

2. Set aside the orders of the Full Court of the Federal Court of Australia made on 3 May 2023 and 24 May 2023 and, in their place, order that:

(a) the appeal be allowed with costs; and

(b) the orders of the Federal Court of Australia made on 14 July 2022 be set aside and, in their place, order that:

(i) a writ of certiorari issue to quash the decision of the second respondent on 7 July 2021 not to revoke the cancellation of the appellant's visa;

(ii) a writ of mandamus issue directed to the second respondent requiring it to determine the appellant's request for revocation according to law; and

(iii) the first respondent pay the appellant's costs.

On appeal from the Federal Court of Australia

Representation

N M Wood SC with K R McInnes for the appellant (instructed by Clothier Anderson Immigration Lawyers)

R C Knowles KC with C E A Hibbard for the first respondent (instructed by Clayton Utz)

Submitting appearance for the second respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied.

Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant's visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister refused application to revoke cancellation – Where appellant applied to Administrative Appeals Tribunal to review delegate's decision – Where Tribunal required to comply with Direction given by Minister under s 499 of Migration Act in determining whether "another reason" why visa cancellation should be revoked – Where Direction required Tribunal engage in evaluative assessment of relevant mandatory considerations – Where Tribunal's decision involved error – Whether Tribunal's decision affected by jurisdictional error – Whether error was material.