Does s 501CA(4) require consideration of non-refoulement obligations?

High Court. Could the materiality test be expressed by saying that a person affected by an error "would need to show that there was at least a possibility" of a different outcome, had the error not been made? Is there anything "in the text of s 501CA, or its subject matter, scope or purpose, that requires the Minister to take account of any non-refoulement obligations when deciding whether to revoke cancellation of any visa that is not a protection visa where the materials do not include, or the circumstances do not suggest, a non-refoulement claim"?

Some of the questions to the High Court (HCA) were as follows:

Question 1: Could the materiality test for jurisdictional error be expressed by saying that a person affected by an error "would need to show that there was at least a possibility" of a different outcome, had the error not been made?

Question 2: Is there anything "in the text of s 501CA [of the Migration Act 1958 (Cth)], or its subject matter, scope or purpose, that requires the Minister to take account of any non-refoulement obligations when deciding whether to revoke cancellation of any visa that is not a protection visa where the materials do not include, or the circumstances do not suggest, a non-refoulement claim"?

The HCA answered those questions as follows:

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