The Federal Court held that when reviewing a decision under s 501CA(4), the AAT is not confined to the specific character test ground relied upon by the delegate but can consider whether the applicant fails the character test on any ground in s 501(6). The Court found that while the AAT breached procedural fairness by not putting the applicant on notice of additional character grounds, this error was not material because the applicant had already failed the character test on the ground found by the delegate and the AAT's consideration of Direction 99 factors was independent of its character findings.
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