MIGRATION - application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to refuse to revoke a decision to cancel the applicant's Class BF transitional (permanent) visa under s 501CA(4) of the Migration Act 1958 (Cth) - where the visa had previously been cancelled by a delegate of the Minister pursuant to s 501(3A) for a failure to pass the character test - whether the Assistant Minister erred by failing to accord the applicant procedural fairness by not identifying an issue that was critical to the decision - whether failure to accord procedural fairness by departing from a representation about the decision-making process - whether failure to take into account a relevant consideration being government policy said to be constituted by ministerial Direction 65 - whether failure to take into account a relevant consideration being a submission made to the Assistant Minister about non-revocation constituting a disproportionate penalty where a criminal sentence of imprisonment had already been imposed
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