So what you are saying is that the virgin crew would have probably busted the minima just like qantas did if they had of flown the approach first.
This is in spite of the virgin aircraft doing two quite deliberate approaches, with a fuel state deteriorating. It was not until a fuel emergency was declared that virgin went below the minma. Pure copybook stuff!
2100 kg of fuel is NOT a emergency, therefore no justification to break any rules.
I say again embarrassing for some, pure roses for someone else.