The Tribunal not being aware it had a discretion to inform itself so as to avoid the two-day rule is a misunderstanding of the law

In Holloway v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 945, Jackson J found:

… in appearing to direct itself that s 500(6H) prohibited it from taking into account anything of which there had not been 48 hours’ written notice, the Tribunal conducted its review on the basis of a misunderstanding of the applicable law. If that misunderstanding was material, the Tribunal fell into jurisdictional error.

This is similar to the error in Ibrahim v Minister for Home Affairs [2019] FCAFC 89; 270 FCR 12 and the misunderstanding that there was no residual discretion.