Federal Court. What does the requirement to consider the two limbs in cl 13.1.2(1) in Direction 79 "cumulatively" mean? If the Tribunal considers the two limbs in cl 13.1.2(1) in sequence before proceeding to consider them together and in combination, does it follow that it did not consider them "cumulatively"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: What does the requirement to consider the two limbs in cl 13.1.2(1) in Direction 79 "cumulatively" mean?
Question 2: If the Tribunal considers the two limbs in cl 13.1.2(1) in sequence before proceeding to consider them together and in combination, does it follow that it did not consider them "cumulatively"?
Question 3: Cl 14.5(1) required the Tribunal to take into account the following consideration: "The extent of any impediments that the non‑citizen may face if removed from Australia to their home country, in establishing themselves and maintaining basic living standards (in the context of what is generally available to other citizens of that country)...". The Tribunal found as follows: "I accept that for these purposes, I should not apply Australian standards of welfare and economic well‑being. I do apply, however, the fundamental concept of basic minimum standards". Should the last sentence from the Tribunal's reasons be "understood as a reference to some concept of “basic minimum standards” which is separate and distinct from the concept of the basic living standards considered in the context of the non‑citizen’s home country"?
The FCA answered those questions as follows: