In CPJ16, FCA had determined whether AAT could consider criteria within s 501(6) not considered by original decision-maker. Here, delegate had refused to grant protection visa based on cl 866.222. By the time of AAT's decision on review, that provision had been disallowed and thus no longer applied. Question to AAT was whether to remit the matter to Department with a direction that cl 866.222 did not apply or assess for itself the other criteria for the grant of the visa. It chose the latter. Was AAT authorised to do that? With respect, this decision makes no reference to CPJ16, which was on point, although concerning a different provision.
The FCA answered that question as follows: