Grass v Minister for Immigration

The applicant, Grass, sought judicial review of a decision by the respondent, the Minister for Immigration, to cancel the approval of his Australian citizenship application. The primary legal issue before the court was whether an administrative decision that has been set aside for a breach of natural justice is void ab initio, and if so, when an order pursuant to the Administrative Decisions (Judicial Review) Act 1977 setting aside an administrative decision can take effect. The court had to determine whether the decision to cancel the approval of the applicant's Australian citizenship application was void from its inception and, if so, the effective date of the setting aside of the decision.

The court found that the decision to cancel the approval of the applicant's Australian citizenship application was indeed void ab initio due to a breach of natural justice. It was held that such a decision is void from the moment it is made and not from the date it is set aside. The court emphasised that the setting aside of the decision does not render the decision void from its inception but rather from the date the setting aside order takes effect. Consequently, the court ordered that the decision to cancel the approval of the applicant's Australian citizenship application be set aside with effect from 8 April 2013.

The court also considered the appropriate respondent in the proceeding and extended the time for bringing the proceeding to 2 November 2012. The court substituted the Minister for Immigration and Citizenship for the Department of Immigration and Citizenship as the respondent in the proceeding.