The Federal Court held that the AAT did not impermissibly 'act under dictation' when it accepted findings from an earlier tribunal decision about mental health treatment available in Vietnam, where it considered that decision as evidence alongside other material before it and no contrary evidence was presented. The Court confirmed that tribunals may rely on findings from earlier tribunal decisions as material before them, provided they bring their own mind to bear on the issue and do not simply adopt the earlier decision without consideration.
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