The Federal Court held that where natural justice is expressly excluded by s 501BA(3) of the Migration Act, the Minister's invitation to a visa holder to provide submissions does not create any obligation to consider those submissions, and failure to consider them does not constitute jurisdictional error. The Court also held that a finding of 'low likelihood' of reoffending was not illogical or irrational where the Minister considered evidence of past reckless behaviour when using drugs, despite evidence that the applicant had maintained HIV medication compliance.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.