Power in s 501BA to be exercised within a reasonable time?

By
Sergio Zanotti Stagliorio
-

Federal Court. Must the power in s 501BA of the Migration Act 1958 (Cth) be exercised within a reasonable period of time? May satisfaction of the preconditions to the exercise of the power in s 501BA arise by consideration of matters that have arisen after the s 501CA decision?

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

Question 1: Must the power in s 501BA of the Migration Act 1958 (Cth) be exercised within a reasonable period of time?

Question 2: May satisfaction of the preconditions to the exercise of the power in s 501BA arise by consideration of matters that have arisen after the s 501CA decision?

The FCA answered those questions as follows:

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