While the NABE obligation extends to the IAA's own findings, the threshold for an unarticulated issue to 'clearly emerge' remains high, particularly where the applicant was represented and had opportunity to raise the matter, and the scenario is speculative rather than based on established facts.
The full text is available to signed-in members, including the 298 later cases that cite this judgment.
33 of the 298 citing cases carry a classified treatment. How each court treated it is available to signed-in members.