Once a breach of natural justice is established through failure to disclose adverse material, the applicant need not prove what they would have said had they been informed — the onus shifts to the decision-maker to establish the breach could have had no bearing on the outcome. Re Minister for Immigration & Multicultural Affairs; ex parte Lam is confined to legitimate expectation cases and does not alter the Stead/Aala framework for cases involving failure to disclose adverse material. Belated statements of reasons, particularly those qualified as 'best recollection', must be treated with extreme caution and will not readily discharge the decision-maker's onus.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
9 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.