[blml] ACBL LC Detroit minutes [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

2007 Law 85A1:

In determining the facts the Director shall base his view on the balance
of probabilities, which is to say in accordance with the weight of the
evidence he is able to collect.

Herman De Wael:

The Dutch NAC has done one good thing in ruling that written evidence
alone should not be enough to rule misbid - but they have gone
overboard and have dismissed some misbids as misinformation when the
written evidence was substantiated by other evidence.

John (MadDog) Probst:

"Have you made this misbid in this partnership recently?"

"No" - score stands (make a report to a recorder file, or better still
get pissed with the other TDs now and then which is how we do it in
the UK.)

Richard Hills:

In my opinion Herman's support for the idea, "written evidence alone
should not be enough to rule misbid" is tantamount to "guilty until
proved innocent".  In my opinion MadDog's approach of "verbal evidence
alone is enough to rule misbid in the absence of counterweighting
evidence" much better satisfies the "balance of probabilities"
requirement of the 2007 Law 85A1.

And I particularly like MadDog's method of collecting counterweighting
evidence, neatly combining business with pleasure.


Best wishes

Richard James Hills
Graduates and Developmental Training Section
Department of Immigration and Citizenship
Telephone: 02 6223 9067
Email: richard.hills at immi.gov.au

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