Rex Patrick (SA, Centre Alliance) Share this | Hansard source

Just restricting the question to the reviewing authority—not a judicial review—I'll try and tease this out a bit with an example. The minister is presented with some information by ASIO that suggests that someone is a security risk or someone might be involved in terrorist activities if they were to return to Australia. On the basis of that advice from ASIO, the minister makes a decision. The question is: when the decision is then handed to the reviewing authority, is the reviewing authority able to look at those same reasons and perhaps overturn the decision on the basis of something that he or she thinks is flawed?