Sections 500(6J) and (6H) interpreted

Federal Court. Can it be said that s 500(6J) of the Migration Act 1958 (Cth) "does not apply to information which is sought from the applicant by the Tribunal of its own initiative, and, instead, it applies only in respect of information provided by the applicant in support of his case in chief"?

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

Question 1: Can it be said that s 500(6J) of the Migration Act 1958 (Cth) "does not apply to information which is sought from the applicant by the Tribunal of its own initiative, and, instead, it applies only in respect of information provided by the applicant in support of his case in chief"?

Question 2: Can it be said that s 500(6H) did not preclude the Tribunal from seeking information from the applicant after the final hearing, as it operated in respect of witness testimony or oral testimony in chief given by the applicant?

The FCA answered those questions as follows:

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