Although it was unnecessary to decide the alternative argument, the court addressed it briefly anyway. After considering previous cases on the issue, the court considered whether the Australian investigators acted fairly. They concluded that "only one course properly open to the investigating officials in the light of the position taken by the Pakistani authorities. It was to acknowledge that no formal record of interview could be conducted so long as the applicant was in Pakistan since, as the investigating officials appreciated, any such interview would be unlawful, that is, would be contrary to Australian law."