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Australia

MZAPC v Minister for Immigration and Border Protection

(2021) 273 CLR 506
JurisdictionAustralia
CourtHigh Court of Australia
Year2021
StatusBinding authority

Key Principle

Materiality is generally an essential element of jurisdictional error: a breach of a condition of a decision-making power is jurisdictional only if there was a realistic possibility that the decision could have been different had the breach not occurred, and the applicant for review bears the onus of proving the facts establishing that materiality.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37
Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19
Minister for Home Affairs v DUA16 (2020) 271 CLR 550

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