Minister for Immigration and Multicultural Affairs v Bhardwaj

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJMINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS   APPELLANTANDRAJIV BHARDWAJ   RESPONDENTMinister for Immigration and Multicultural Affairs v Bhardwaj[2002] HCA 1114 March 2002S37/2001ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:J Basten QC with R T Beech-Jones for the appellant (instructed by Australian Government Solicitor)D F Jackson QC with J R Young for the respondent (instructed by Newman & Associates)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Multicultural Affairs v BhardwajImmigration – Immigration Review Tribunal – Powers and duties of Tribunal – Capacity of Tribunal to correct own error – Decision cancelling visa – Failure to consider correspondence from respondent – Reconsideration of decision – Whether decision involving jurisdictional error is a nullity – Whether Tribunal may of its own motion reconsider its decision – Whether validity of decision open to collateral attack.Administrative law – Judicial review – Procedural fairness – Administrative decision – Tribunal required to give respondent opportunity to appear – Decision made after Tribunal mistakenly assumed respondent declined to appear – Whether jurisdictional error constituted by denial of procedural fairness – Whether failure to exercise jurisdiction – Whether Tribunal authorised to make fresh decision – Whether invalidity of decision could be raised in collateral attack on validity of decision in proceedings.Words and phrases – "decision on review".Migration Act 1958 (Cth), Pts 5 and 8, ss 360, 367 and 368.Acts Interpretation Act...