Dang v Administrative Appeals Tribunal [2019] FCAFC 220 (11 December 2019) (Kerr, Colvin and Jackson JJ)


Catchwords:


MIGRATION – appeal from decision of the Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of a delegate of the Minister to refuse to grant the appellant a visa – where visa required satisfaction of the health criteria in cl 4007 of the Migration Regulations 1994 (Cth) – where delegate’s refusal of the visa based on the appellant’s son’s failure to meet the health criteria by reason of his medical condition – where opinion prepared by Medical Officer as required by the Regulations – whether assessment undertaken by the Medical Officer sufficiently identified the nature and extent of the appellant’s son’s medical condition – whether opinion of Medical Officer was based on sufficiently current information – whether the Tribunal did not afford the appellant procedural fairness in failing to disclose a certificate issued under s 375A of the Migration Act 1958 (Cth) – where information covered by the certificate was used to determine the costs to the Australian community of medical and community services for the appellant’s son – consideration of the primary judge’s approach to materiality – appeal allowed