Section 78B of the Judiciary Act 1903 (Cth) is not engaged by an application alleging apprehended bias, even where the applicant contends the bias question engages Chapter III of the Constitution, because the test for apprehended bias is formulated by reference to common law principles without regard to Ch III. A court conducting judicial review should not uphold an administrative decision by reference to factors not relied upon by the decision-maker, as this amounts to the court making findings for itself which may or may not have affected the decision.
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