Federal Court. Delegate refused to revoke mandatory cancellation of judicial review Respondent's visa under s 501CA(4). AAT remitted the matter to the Minister on the basis that it was "bound to obtain further information and was precluded from making a decision unless and until that further information had been obtained". Was AAT subject to an investigation duty? Was AAT bound to remit the matter to the Minister?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Was the AAT subject to an investigation duty?
Question 2: Was the AAT bound to remit the matter to the Minister for reconsideration?
The FCA answered those questions as follows: