Federal Court. Although the weight to be ascribed to evidence is a matter for administrative decision-makers, can a court in some circumstances "set aside an administrative decision which has failed to give adequate weight to a relevant factor of great importance, or has given excessive weight to a relevant factor of no great importance"? In determining whether an administrative decision is legally unreasonable, is it to the point that it might be characterised as cruel or inhumane?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Although the weight to be ascribed to evidence is a matter for administrative decision-makers, can a court in some circumstances "set aside an administrative decision which has failed to give adequate weight to a relevant factor of great importance, or has given excessive weight to a relevant factor of no great importance"?
Question 2: In determining whether an administrative decision is legally unreasonable, is it to the point that it might be characterised as cruel or inhumane?
Question 3: Is it the Minister's "duty to facilitate, not to hinder or obstruct, a detainee’s ability to avail himself of the opportunity to be heard that is a requirement for the exercise of judicial power"?
The FCA answered those questions as follows: