A denial of procedural fairness may be established where a Tribunal's correspondence misled an applicant into believing Part B documents had been sent to the Tribunal, and the applicant would have conducted the case differently, even where it cannot be proved that the Tribunal did not have the documents before it or did not have regard to them. The critical question is whether the applicant was misled about the procedure in a material way, not whether the Tribunal was otherwise aware of the contents of the documents. The privative clause in s 474 of the Migration Act cannot insulate such a decision from judicial review following [name withheld].
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