I am looking into the decisions of two cases: Kong v Minister for Health [2014] FCAFC 149 and Yu v Minister for Health [2013] FCA 261.

I would like to know if the decision can be linked definitively to a statutory requirement, or if the judge that preceded in Yu case were to have sat as part of the judge panel in Kong would have come to the same determination.

http://classic.austlii.edu.au/au/cases/cth/FCAFC/2014/149.html

http://classic.austlii.edu.au/au/cases/cth/FCA/2013/261.html