Section 499(1) of the Migration Act binds the AAT because it operates on persons or bodies performing 'functions' under the Act, and the AAT performs a function under the Act by reason of s 500 — namely, reviewing visa cancellation decisions. This is so even though the source of the AAT's decision-making power is s 43 of the AAT Act. The legal character of Direction No 55 as a potential legislative instrument under the LIA was expressly left open. A Tribunal finding that is an obvious and natural evaluation of evidence adduced by an applicant does not require separate notification under Alphaone principles, even where the finding does not reflect the most favourable interpretation of the evidence.
The full text is available to signed-in members, including the 51 later cases that cite this judgment.
8 of the 51 citing cases carry a classified treatment. How each court treated it is available to signed-in members.