Does AAT have power to conduct video hearings?

Federal Court. Does the language of 362B of the Migration Act 1958 (Cth) "confine the circumstances in which the [AAT's] power to dismiss [an application for review] may be exercised to those cases where the application for review may be described as unmeritorious or where the application for review is not being actively pursued"? Does the AAT have power to conduct hearings via video-link?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Does the language of 362B of the Migration Act 1958 (Cth) "confine the circumstances in which the [Tribunal's] power to dismiss [an application for review] may be exercised to those cases where the application for review may be described as unmeritorious or where the application for review is not being actively pursued"?

Question 2: If the Tribunal sends a review applicant an invitation to attend a hearing by video-link making it clear that it is open to the applicant to "appear by video link but that if he had a preference to appear before the Tribunal in person, he could apply to the Tribunal for leave to appear in person", but the applicant accepts the invitation and does not express any desire to appear before the Tribunal in person, does that prevent the applicant from arguing on judicial review that s 360 was not complied with?

Question 3: Does s 360 "require that the hearing of the application take place in the physical presence of an applicant"?

Question 4: Can it be said that "the language of s 429A should be understood as conferring upon [the applicant applicant] the option to appear by video conference and that there was nothing in the Act that entitled the Tribunal to require that he appear by that means absent a request from him to appear remotely"?

The FCA answered those questions as follows:

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