The Full Federal Court held that the Tribunal did not commit jurisdictional error by failing to consider or inquire into community accommodation options or involuntary mental health treatment orders when assessing whether a protection visa applicant was a 'danger to the Australian community' under s 36(1C)(b) of the Migration Act. The Court found that community accommodation was not apparent on the face of the material as capable of providing the 'structured environment' (akin to prison or hospital) that the Tribunal had identified as necessary to control the applicant's risk factors, and that the prospect of an involuntary inpatient treatment order was speculative given the multi-step specialist process required and prior statements that the applicant was not sufficiently unwell to warrant such an order. The Court also confirmed that the Tribunal's facultative inquiry powers under ss 40A and 43 of the AAT Act and s 56 of the Migration Act could not assist the appellant absent establishing that the subject matter of the inquiry was a matter the Tribunal was required to consider.
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