Federal Court. In Ibrahim, the FCAFC held that, although s 501BA(3) removed the obligation to provide natural justice, it did not prohibit it being provided. Unlike Ibrahim, the Minister here was aware he had the option of providing natural justice, but chose not to. Was that "choice" given to the Minister on the condition that it be exercised legally reasonably? Was the Minister required under s 501BA to consider the submissions made and evidence given by the Applicant to the Tribunal?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Was the "choice" of whether or not to provide natural justice given to the Minister under s 501BA on the condition that such "choice" be exercised legally reasonably?
Question 2: In making a decision under s 501BA, was the Minister required to consider the submissions made and evidence given by the Applicant to the Tribunal?
The FCA answered those questions as follows:
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