Practitioners challenging s 501BA decisions should scrutinise whether the Minister made findings about current facts (e.g., family caring responsibilities, mental health treatment needs) based solely on evidence that predated the decision by a significant period, particularly where those facts are inherently transient. A delay of over two years between the Tribunal decision and the s 501BA exercise, combined with reliance on outdated material to make positive findings about present circumstances without updated evidence, will likely be found legally unreasonable and beyond the implied temporal limit of the power.
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