In Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66, Mortimer and Bromwich JJ said:
[66] If the Minister understood he could seek further information from the appellant, in the context of the importance and weight he attached to the plainly adverse NSW Police Report, then acting reasonably and rationally there was, we are satisfied, a realistic possibility he may have sought further information because the Minister had no information at all about what the appellant’s response to the content of that report might be. We are not required to be satisfied it is more likely than not he would have exercised the power he did not appreciate he had, only that there is a realistic possibility he might have. In our opinion, the adjective “realistic” in the statements of principle by the majority in the High Court in Hossain and Minister for Immigration & Border Protection v SZMTA [2019] HCA 3; 364 CLR 421 is used to distinguish the assessment of the possibility of a different outcome from one where the possibility is fanciful or improbable, no more than that.