Federal Court. Does the concept of proportionality play a role in determining whether an exercise of discretionary power was legally unreasonable? Does the concept of legal unreasonableness apply to individual aspects of the fact-finding of a decision-maker, such as credibility findings? Does the concept of proportionality form part of the assessment of whether a credibility finding has been made in accordance with established principles as to illogicality or irrationality?
The questions to the Federal Court (FCA) were as follows:
Question 1: Does the concept of proportionality play a role in determining whether an exercise of discretionary power was legally unreasonable?
Question 2: Does the concept of legal unreasonableness apply to individual aspects of the fact-finding of a decision-maker, such as credibility findings?
Question 3: Does the concept of proportionality form part of the assessment of whether a credibility finding has been made in accordance with established principles as to illogicality or irrationality?
The FCA answered those questions as follows: