Federal Court. In determining whether to set aside a decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the mandatory cancellation of a visa, is the Tribunal confined to the representations to the Minister? In determining through reasonable conjecture whether the Tribunal’s error in failing to consider a representation was material to the outcome and thus jurisdictional, is the standard of reasonable conjecture equally onerous?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In determining whether to set aside a decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the mandatory cancellation of a visa, is the Tribunal confined to the representations to the Minister?
Question 2: In determining through reasonable conjecture whether the Tribunal’s error in failing to consider a representation was material to the outcome and thus jurisdictional, is the standard of reasonable conjecture equally onerous?
The FCA answered those questions as follows: