Federal Court. Was Principle 6 of clause 5.2 of Direction 110 "concerned with attributing some responsibility or blame to Australia for a non-citizen’s conduct"?
Principle 6 of clause 5.2 of Direction 110 provided as follows:
(6) With respect to decisions to refuse, cancel, and revoke cancellation of a visa, Australia may afford a higher level of tolerance of criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age.
The Federal Court answered that question as follows:
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