Federal Court. In making a decision under s 501CA(4) of the Migration Act 1958 (Cth), was it open to the Tribunal not to speculate about the likely length of the applicant’s immigration detention, even though he had been found to be a refugee? Does NZYQ operate retrospectively?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In making a decision under s 501CA(4) of the Migration Act 1958 (Cth), was it open to the Tribunal not to speculate about the likely length of the applicant’s immigration detention, even though he had been found to be a refugee?
Question 2: Can it be said that "NZYQ does not operate only prospectively, and it must be taken to state the law as it applied at the time of the Tribunal’s decision", which preceded NZYQ?
The FCA answered those questions as follows: