Children’s best interests: is parent’s blame relevant?

Federal Court. Does the word "may" in s 501CA(4) give decision-makers a residual discretion to refuse to revoke cancellation even if there is "another reason" to revoke? Could Applicant's actions negate the conclusion that revocation is in the best interests of his children or reduce the weight to be placed on those interests? How should the tension between DNQ18 and PQSM regarding the materiality test be resolved? If AAT made error, was error material (and thus jurisdictional)?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Does the word "may" in s 501CA(4) of the Migration Act 1958 (Cth) give decision-makers a residual discretion to refuse to revoke cancellation even if there is "another reason" to revoke?

Question 2: Could the Applicant's actions negate the conclusion that revocation is in the best interests of his children or reduce the weight to be placed on those interests?

Question 3: How should the tension between the decisions of the Full Court of the FCA (FCAFC) in DNQ18 and PQSM regarding the materiality test be resolved?

Question 4: If the Tribunal made an error, was the error material (and therefore jurisdictional)?

The FCA answered those questions as follows:

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