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

Lower Court Judgment

03 May 2023 Federal Court of Australia (Markovic, Thomas & Button JJ)
[2023] FCAFC 64

Catchwords

Immigration – Visas – Cancellation – Direction 90 – Materiality – Where applicant convicted of criminal offences and sentenced to term of imprisonment – Where applicant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where applicant applied under s 501CA(4) to have cancellation revoked – Where Minister required Tribunal under s 499(1) of Migration Act to comply with certain directions as to how evaluative discretionary power should be exercised – Where Direction 90 requires Tribunal to consider "seriousness" of conduct – Where delegate decided not to revoke cancellation under s 501CA of Migration Act – Where Administrative Appeals Tribunal and primary judge affirmed delegate's decision – Where Full Court found Tribunal erred in purporting to consider certain matters set out in cl 8.1.1 of Direction 90 – Where Full Court found each error immaterial – Whether Full Court erred in concluding each of second respondent's multiple failures to comply as required by s 499(2A) of Migration Act with Direction 90 were not material to Tribunal's decision – Whether Full Court erred in failing to conclude that, cumulatively, Tribunal's multiple non-compliances with Direction 90 were material – Proper approach to materiality of jurisdictional error.