The Federal Court held that the AAT committed jurisdictional error by failing to consider a 13-year-old child's letter expressing her views about her father's potential removal from Australia, as required by paragraph 8.3(4)(f) of Ministerial Direction 90. The Court found that considering the parents' evidence about the impact on the child was not sufficient to discharge the specific obligation to consider the child's own known views, and that this error was material as it could realistically have resulted in a different decision.
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