The reasoning of Weinberg J 13 The trial judge noted that the application, having been filed after 1 October 2001, involved the Court exercising jurisdiction to review the RRT's decision solely under s 39B of the Judiciary Act 1903
The majority of the Full Court held that a denial of procedural fairness is not subject to challenge by way of judicial review to this Court in respect of decisions made after the enactment of the 2001 Act, but prior to the enactment of the Migration Legislation Amendment (Procedural Fairness) Act 2