Dang v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 27

Dang v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 27

The Tribunal's failure to expressly draw the applicant's attention to cl 7(2) of Direction 110 did not cause practical injustice as the applicant was on sufficient notice of the relevant change and had opportunity to address all pertinent issues; therefore, no denial of procedural fairness occurred.

Parties
Applicant: Anh Tuan Dang; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 January 2025
Procedural Posture
Judicial Review Application / Final Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Visa Cancellation, Procedural Fairness, Ministerial Direction No. 110, Judicial Review
Migration Law Administrative Law Visa Cancellation Procedural Fairness Ministerial Direction No. 110 Judicial Review

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Parties

Anh Tuan Dang

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Tribunal's failure to expressly bring the change in cl 7(2) of Ministerial Direction No. 110 to the applicant's attention constituted a denial of procedural fairness

Ratio Decidendi

The Tribunal's failure to expressly draw the applicant's attention to cl 7(2) of Direction 110 did not cause practical injustice as the applicant was on sufficient notice of the relevant change and had opportunity to address all pertinent issues; therefore, no denial of procedural fairness occurred.

Court Disposition

Application dismissed

Orders

  • The Applicant's application for an extension of time to lodge an application for the review of a migration decision is granted.
  • The Applicant's Amended Originating Application for review of a migration decision is dismissed.