Garland v Minister for Immigration, Citizenship and Multicultural Affairs & Anor

The High Court of Australia heard an appeal concerning a decision of the Administrative Appeals Tribunal. The applicant sought to challenge the Tribunal's decision, which had been reviewed by the Full Court of the Federal Court of Australia. The primary dispute revolved around whether the Tribunal's decision was affected by jurisdictional error.

The central legal issue before the High Court was whether the Full Court of the Federal Court erred in its conclusion that the Administrative Appeals Tribunal's decision was not materially affected by jurisdictional error. Specifically, the parties focused on the Tribunal's erroneous finding that the applicant was "vulnerable" within the meaning of paragraph 8.4(2)(c) of Direction 90, and the weight it placed on this finding when considering factors favouring revocation.

The respondents conceded that the Tribunal's decision was affected by jurisdictional error and that the Full Court had erred in not holding so. This concession was based on the understanding that the Tribunal's erroneous conclusion regarding the applicant's vulnerability was material, and that a different outcome was not fanciful or improbable had the error not occurred. The parties acknowledged that this concession was made in light of the High Court's recent decision in *LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs* (2024) 98 ALJR 610; [2024] HCA 12.

By consent, the High Court granted special leave to appeal, allowed the appeal, and set aside the orders of the Full Court of the Federal Court. The High Court ordered that a writ of certiorari issue to quash the Tribunal's decision and remitted the application to the Tribunal for redetermination according to law. The first respondent was ordered to pay the appellant's costs of the appeal, with no order as to costs in the High Court.