Representations in character cancellations are matters which must be considered

The proposition that representations in relation to a s 501 cancellation attempt are not ‘mandatory relevant considerations’ is highly doubtful if not at least reductionist. See the discussion in Viane v Minister [2018] FCAFC 116 per Rangiah J [23]-[30] and Colvin J at [67]-[77].  What matters is whether the relevant aspect which was not considered could amount to a ‘representation’, in which case it must be considered.

See also Hay v Minister [2018] FCAFC 149 per Colvin J.

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