Matters in para 8.4(4) of Direction 99 mandatory considerations?

By
Sergio Zanotti Stagliorio
-

Federal Court (Full Court). Does the decision to be made as to whether to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) require "each of the factors that are listed in s 8.4(4) [of Direction 99] to be taken into account as part of the final weighing exercise to be undertaken in order to comply with the direction"?

Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:

Question 1: Does the decision to be made as to whether to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) require "each of the factors that are listed in s 8.4(4) [of Direction 99] to be taken into account as part of the final weighing exercise to be undertaken in order to comply with the direction"?

Question 2: May an inference be drawn from the limited attention in the reasons to the detailed material that it was not considered?

The FCAFC answered those questions as follows:

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