Federal Court: In deciding whether to affirm a decision to refuse a visa under s 501(1) of the Migration Act 1958 (Cth), the AAT was bound by Direction No 65, cl 11.2 of which made it mandatory for decision makers to consider the best interests of minor children affected by the decision. Was the AAT bound to consider the best interests of the Applicant's unborn child? Note: cl 11.2(4) of Direction No 65 was almost identical to cl 9.2(4) of the current direction, namely Direction No 79.
The Federal Court answered the above question as follows:
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