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.

Words and phrases – "another reason", "cancellation decision", "convicted", "criminal offending", "direction", "fanciful or improbable", "judicial review", "jurisdictional error", "materiality", "merits review", "protection of the Australian community", "realistic possibility", "threshold of materiality".

Migration Act 1958 (Cth) – ss 499, 501(3A), 501CA(4).