Tribunal must consider business interests

In this Federal Court case, the Applicant argued that the Administrative Appeals Tribunal had failed to consider the impact on the applicant’s partner’s business if the applicant was not permitted to remain in Australia. The Court found that the Tribunal had misunderstood the law in failing to consider the business interests as this could have ultimately resulted a different outcome for the applicant.

This raises an important point about the requirement for the Tribunal to consider all evidence provided by an applicant and understand the impact of those considerations on the applicant’s future.