Federal Court. Where the Minister by his or her conduct invites further submissions for the purpose of exercising the personal power in s 501BA(2) of the Migration Act 1958 (Cth), is the Minister thereafter compelled to consider that material, even though s 501BA(3) provides that the rules of natural justice do not apply to s 501BA(2)?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Where the Minister by his or her conduct invites further submissions for the purpose of exercising the personal power in s 501BA(2) of the Migration Act 1958 (Cth), is the Minister thereafter compelled to consider that material, even though s 501BA(3) provides that the rules of natural justice do not apply to s 501BA(2)?
Question 2: When exercising the power under s 501BA(2), was there an anterior decision to be made as to whether the Minister is, or is not, satisfied that natural justice should be afforded?
The FCA answered those questions as follows: