High Court of Australia

Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11

209 CLR 597; 76 ALJR 598; 187 ALR 117

14 Mar 2002

Case Number: S37/2001

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Immigration – 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 1901 (Cth) – s 33(1).

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