The Court held that a Minister's s 501BA decision made 25 months after the Tribunal's decision was illogical or irrational where the Minister made adverse findings about the applicant's risk of reoffending (alcohol abstinence and participation in rehabilitative programs) that assumed circumstances remained unchanged from the Tribunal hearing, without acknowledging that the applicant had been living in the community for 25 months — a sufficiently long period to constitute a meaningful data point on inherently variable matters. The Court rejected the ground that the Minister failed to consider legal consequences of detention, following CMP25 FC and Galuak, and was bound by XMBQ (FC) to reject the reasonable time ground, but made detailed obiter findings that the 25-month delay was not within a reasonable time, preserving the issue for potential High Court consideration.
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