A failure to comply with s 430(1) of the Migration Act enlivens the ground of review in s 476(1)(a) (per the majority of 4-1). However, s 430(1) does not require the RRT to give reasons for rejecting or not attaching weight to evidence contrary to its findings; it requires only disclosure of the actual reasoning process. The 'material questions of fact' in s 430(1)(c) are determined objectively but are not confined to ultimate statutory facts — a fact is material if the decision turns upon it in the practical circumstances of the case. Kiefel J disagreed that s 430(1) is a procedure within s 476(1)(a) and held that materiality is for the Tribunal to determine.
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