Nathanson v Minister for Home Affairs

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN AND GLEESON JJNARADA NATHANSON  APPELLANTANDMINISTER FOR HOME AFFAIRS & ANOR  RESPONDENTSNathanson v Minister for Home Affairs[2022] HCA 26Date of Hearing: 10 March 2022Date of Judgment: 17 August 2022M73/2021ORDER1. Appeal allowed.2. Set aside the orders of the Full Court of the Federal Court of Australia made on 9 October 2020 and, in lieu thereof, order that:(a)the appeal be allowed;(b)the orders of the Federal Court of Australia made on 18 October 2019 be set aside and, in lieu thereof, it be ordered that:(i) the application for review be allowed;(ii) the decision of the Administrative Appeals Tribunal dated 4 April 2019 be set aside;  (iii) the application be remitted to the Tribunal to be heard and determined according to law; and(iv) the first respondent pay the applicant's costs; and(c) the first respondent pay the appellant's costs. 3. The first respondent pay the appellant's costs. On appeal from the Federal Court of AustraliaRepresentationC J Horan QC with A Aleksov for the appellant (instructed by Lawson Bayly)G R Kennett SC with A P Yuile for the first respondent (instructed by Sparke Helmore Lawyers)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNathanson v Minister for Home AffairsAdministrative law – Judicial review – Jurisdictional error – Requirement that error must be material – When error will be material – Where appellant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth)...