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

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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, & Beech-Jones JJ
Migration – Class BS Subclass 801 (Spouse) visa – visa cancelled after criminal convictions – delegate decided not to revoke cancellation – Administrative Appeals Tribunal affirmed – Federal Court dismissed application for judicial review – Full Court of the Federal Court dismissed an appeal, finding error but no materiality – the Tribunal had breached s499(2A) of the Migration Act 1958 (Cth) by failing to comply with Direction 90 – as the unavoidable inference was that the Tribunal misunderstood para 8.1.1(1)(a) of Direction 90, the appellant’s conduct, or both, there was a possibility, not fanciful or improbable, that the decision could have been different if the error had not occurred – the error was therefore material – appeal allowed.
https://classic.austlii.edu.au/au/cases/cth/HCA/2024/12.html

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