Federal Court. Does s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) involve a discretion? If so, is that discretion closely analogous discretion to the discretion under s 501(1)?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Does s 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) involve a discretion?
Question 2: If the answer to Question 1 is 'yes', is the discretion under s 501CA(4)(b)(ii) closely analogous discretion to the discretion under s 501(1)?
The FCA answered those questions as follows:
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