There is no implied temporal limitation on the Minister's power under s 501BA(2) of the Migration Act to set aside a Tribunal decision and cancel a visa. In assessing risk to the Australian community for the purposes of the national interest test, the Minister is entitled to hypothesise possible future contingencies based on demonstrated past conduct without making predictive findings to a standard of strict proof. A decision-maker may take into account precautionary considerations in the face of low-probability high-impact risks, provided the decision is rationally grounded.
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