Federal Court. Are there situations where a lack of resources may explain the period taken to make a decision under s 501BA(2) of the Migration Act 1958 (Cth), but where the decision still has not been made within a reasonable time?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Are there situations where a lack of resources may explain the period taken to make a decision under s 501BA(2) of the Migration Act 1958 (Cth), but where the decision still has not been made within a reasonable time?
Question 2: If the cancellation of a person’s visa under s 501BA(2) is required in the national interest to protect the community, might one expect that this type of decision would be a matter of some priority?
The FCA answered those questions as follows: