Where a third party provides accusations against a visa holder to the Department, and those accusations are before the MRT, the MRT is obliged under s 359A(1) to disclose the substance of those accusations to the visa holder because they would be part of the reason for affirming a cancellation decision. The MRT cannot avoid this obligation by simply not referring to the accusations in its reasons. Additionally, the circumstances in which the ground for visa cancellation arose — including the reasons given by a sponsor for withdrawing sponsorship — must be genuinely considered in the exercise of the discretion under s 116, and departmental guidelines identifying such matters as relevant reinforce this obligation.
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