This is the key statement in the Pathfinder decision IMO:-
It is well established that adecision-maker making a decision by reference to a policy instrument must not apply the policyinflexibly without regard to whether the particular circumstances may justify a departure frompolicy: Re Drake and Minister for Immigration and Ethnic Affairs (No 2) [1979] AATA 179;(1979) 2 ALD 634 at 640-641.
BPH - PEP11 is back and this time it's different, page-677
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