Federal Court. Would the consideration under s 501CA(4) of the Migration Act 1958 (Cth) and para 9.2(1) of Direction 99 of the extent of impediments to removal from Australia weigh against revocation only in exceptional circumstances?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Would the consideration under s 501CA(4) of the Migration Act 1958 (Cth) and para 9.2(1) of Direction 99 of the extent of impediments to removal from Australia weigh against revocation only in exceptional circumstances?
Question 2: Does the step of approaching the impediments to removal consideration on the basis that impediments advanced by an applicant could weigh against revocation suggests that little if any consideration was given by the Tribunal as to whether the impediments weighed in favour of revocation?
Question 3: Can the assessment that the extent of impediments to removal weighed lightly against revocation "guide what weight the Tribunal would have given to those findings in assessing whether they weighed in favour of revocation or were neutral"?
Question 4: In circumstances where neither party advanced any submissions to the Tribunal as to why the impediments to removal consideration might weigh against revocation, did the Tribunal deny the applicant procedural fairness by finding that such impediments weighed in favour of revocation?
The FCA answered those questions as follows: