Federal Court (Full Court). Are the words “other serious conduct” referred to in cl 8.1(1) of Direction 99 limited to criminal conduct or criminal convictions?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Are the words “other serious conduct” referred to in cl 8.1(1) of Direction 99 limited to criminal conduct or criminal convictions?
Question 2: Is “other serious conduct” a broad concept that goes beyond physical harm and extends to conduct that is harmful to Australian institutions?
Question 3: For the purposes of clauses 8.1(1) and 8.1.2(2)(a) of Direction 99, is the Tribunal under a duty to evaluate the risk of harm to the Australian community in any particular way or to ascribe any particular characterisation to the quality of the risk?
Question 4: Do persons living and working in Australia unlawfully "present a risk of harm to the Australian community and its institutions, as they are engaged in conduct that circumvents regulatory requirements and frameworks and causes government authorities to incur costs"?
Question 5: Is a non-citizen's non-compliance with migration legislation, whether criminal or otherwise, relevant to their “persistent[] disregard of Australia’s laws” and “persistent tendency to breach Australian laws”?
The FCAFC answered those questions as follows: