← All Authorities
Australia
MZAPC v Minister for Immigration and Border Protection
(2021) 273 CLR 506
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