Federal Court. Can it be said that ss 362B(1A), (1B), (1C), (1D), (1E), (1F) and (1G) of the Migration Act 1958 (Cth) "are not an exhaustive statement of the steps the Tribunal might take in circumstances of non-appearance at a hearing as s 362B expressly preserves by s 362B(2) the power of the Tribunal to make a decision to reschedule the applicant’s appearance before it or to delay its decision on the review in order to enable the applicant to appear before it at a rescheduled hearing"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Can it be said that, "given the exhaustive statement of the natural justice hearing rule prescribed by Division 5 of Part 5 [of the Migration Act 1958 (Cth)], those Parts of the natural justice hearing rule encapsulated by s 360 are critical aspects of the statutory scheme providing for merits review of the relevant decision"?
Question 2: Can it be said that ss 362B(1A), (1B), (1C), (1D), (1E), (1F) and (1G) of the Migration Act 1958 (Cth) "are not an exhaustive statement of the steps the Tribunal might take in circumstances of non-appearance at a hearing as s 362B expressly preserves by s 362B(2) the power of the Tribunal to make a decision to reschedule the applicant’s appearance before it or to delay its decision on the review in order to enable the applicant to appear before it at a rescheduled hearing"?
Question 3: In reaching a decision as to whether it is or is not appropriate to reinstate under s 362B(1C) of the Migration Act 1958 (Cth) a dismissed application for review, must the Tribunal "necessarily have regard to the conferral and exercise of the power in the context of the subject matter, scope and purpose of the Act and particularly the scope and purpose of the provisions of the Act giving expression to the power"?
The FCA answered those questions as follows:
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