High Court. Can it be said that it is "not reasonably open to a decision maker, when exercising their discretion to cancel a visa under s 116 of the [Migration Act 1958 (Cth)], to take into account a failure to respond to an NOICC [Notice of Intention to Consider Cancellation] in a manner adverse to a visa holder, as there is no legal requirement for a person to respond to such a notice"?
The High Court answered that question as follows:
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