Where a specialist tribunal is not required by statute to give reasons, the failure to expressly refer to a mandatory relevant consideration in its determination does not, without more, establish that the tribunal failed to have regard to that consideration. The applicant for judicial review must positively demonstrate that the decision was vitiated by the failure, and inferences of error cannot be as readily drawn as where reasons are statutorily required. Contextual factors including the specialist nature of the tribunal, the simplicity of the statutory scheme, and the agitation of the relevant matters in submissions before the tribunal are relevant to whether the inference should be drawn.
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