Dang v Administrative Appeals Tribunal

• 1. Migration
  2. › Visas
  3. › Health criteria
  4. › Medical Officer's opinion under cl 4007 of Schedule 4 to Migration Regulations 1994 (Cth)
  5. › Whether opinion sufficiently identified nature and extent of applicant's medical condition
  6. › Whether opinion based on sufficiently current information
  7. › Degree of particularity required
  8. › Migration Regulations 1994 (Cth), Sch 4 cl 4007, reg 2.25A
• 1. Administrative Law
  2. › Procedural fairness
  3. › Non-disclosure of certificate under s 375A of Migration Act 1958 (Cth)
  4. › Whether failure to disclose certificate was material denial of procedural fairness
  5. › Test for materiality of breach of procedural fairness
  6. › Whether realistic possibility that disclosure could have resulted in different decision
  7. › Migration Act 1958 (Cth), s 375A
• 1. Administrative Law
  2. › Judicial review
  3. › Materiality of jurisdictional error
  4. › Correct approach to assessing materiality of breach of procedural fairness
  5. › Whether court may form its own view of what result should have been
  6. › Whether court usurps Tribunal's statutory function

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