Where a Minister exercising the s 501BA override power identifies protection of the Australian community as a critical aspect of the national interest, and the person will reside in the community regardless of the outcome due to non-refoulement obligations and the effect of NZYQ, the Minister must make findings about whether the risk to the community would be increased or decreased by cancellation, including by considering the inevitable legal consequence that cancellation renders the person ineligible for the NDIS.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
7 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.