8.8. Examination and certification: Relevant material that must be considered

Date Published

The examiner must ‘give proper, genuine and realistic consideration to the merits of the case’ (Hindi v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 1 (FCA/Sheppard J)). ​​​​​​​

That means that the examiner must have regard to all relevant material on the file and treat submission(s) objectively. Issues such as an examiner's own personal beliefs, the perceived value of the design, the tone of a submission or the fact that the submission did not properly deal with the issues raised in a previous report are irrelevant. As a decision-maker there is a requirement that an examiner fully considers all of the evidence that has been provided and makes a merit-based determination.

Indicating that a submission has been considered or noted means that a proper consideration has occurred, as part of being satisfied as to the course of action being taken. This includes understanding the point(s) made and being able to explain the merits of the submission, as relevant material that has been considered as part of the examination decision.

Amended Reasons

Amended Reason Date Amended
Back to top