Federal Court (Full Court). Does the Minister have a residual discretion to determine whether or not to revoke a decision under s 501CA(4) of the Migration Act 1958 (Cth) if satisfied of either s 501CA(4)(a) or (b) are satisfied? Does the 'another reason' aspect of s 501CA(4)(b)(ii) require that the other reason that carry "sufficient weight or significance to satisfy the Minister entrusted with the responsibility to consider whether to revoke the visa cancellation that the decision should be revoked"?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Does the Minister have a residual discretion to determine whether or not to revoke a decision under s 501CA(4) of the Migration Act 1958 (Cth) if satisfied of either s 501CA(4)(a) or (b) are satisfied?
Question 2: Does the 'another reason' aspect of s 501CA(4)(b)(ii) require that the other reason that carry "sufficient weight or significance to satisfy the Minister entrusted with the responsibility to consider whether to revoke the visa cancellation that the decision should be revoked"?
Question 3: The Tribunal found that the appellant’s mother-in-law was a vulnerable member of the Australian community and placed weight on this in the course of considering the nature and seriousness of the offending. Was that finding obvious on the known material, with the result that procedural fairness did not require the Tribunal to put the appellant on notice about it?
The FCAFC answered those questions as follows: