Federal Court. Judicial review applicant's visa was mandatorily cancelled, but cancellation was revoked by delegate under s 501CA(4). His visa was mandatorily cancelled again under s 501(3A) due to further offences, but this time a delegate refused to revoke cancellation. Was AAT bound to set aside non-revocation decision, on the basis that s 474(1)(a) provided that the revocation decision was final and conclusive? Was revocation decision a mandatory relevant consideration in the context of AAT's review of the non-revocation decision?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Was the Tribunal bound to set aside the non-revocation decision, on the basis that s 474(1)(a) of the Migration Act 1958 (Cth) provided that such decision was final and conclusive?
Question 2: Was the revocation decision a mandatory relevant consideration in the context of the Tribunal's review of the non-revocation decision?
The FCA answered those questions as follows: