Federal Court. In a balancing exercise involving s 501CA(4) and Direction No 79, although almost all factors went in favour of revoking the mandatory cancellation of the Applicant's visa, the balance ultimately tilted against revocation. Does the fact that almost all factors went in favour of revocation deny the materiality of any errors made by AAT? In other words, could it be said that the materiality test involved a balancing (not binary) exercise in that, had the error not been made, even more weight could have been placed in favour of the Applicant, which in turn could have tilted the balance in his favour?
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