Federal Court. Minister concluded that he was “unable to make a finding about” or was “unable to assess the likelihood of” the applicant facing the claimed harm if returned to his country. Can that statement be understood as a failure to perform the statutory task, depending on the circumstances? If so, were such circumstances present in this case?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In assessing the Applicant's argument pursuant to s 501CA(4) that there was "another reason" to revoke the mandatory cancellation of the Applicant's visa, the Minister concluded that he was “unable to make a finding about” or was “unable to assess the likelihood of” the applicant facing the claimed harm if returned to his country. Can that statement be understood as a failure to perform the statutory task, depending on the circumstances?
Question 2: If the answer to Question 1 is "yes", were such circumstances present in this case?
The FCA answered those questions as follows: