Federal Court. For the purpose of cl 14.5 of Direction 79, do the factors to be taken into account include any social or economic support available to the non-citizen in the country to which they would be returned in the event of non-revocation under s 501CA(4) of their visa cancellation?
Paragraph 14.5 of Direction 79 provided as follows:
14.5 Extent of impediments if removed
(1) 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), taking into account:
a) The non-citizen's age and health;
b) Whether there are substantial language or cultural barriers; and
c) Any social, medical and/or economic support available to them in that country.
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: For the purpose of cl 14.5 of Direction 79, do the factors to be taken into account include any social or economic support available to the non-citizen in the country to which they would be returned in the event of non-revocation under s 501CA(4) of the Migration Act 1958 (Cth) of their visa cancellation?
Question 2: For the purpose of cl 14.5 of Direction 79, is the question of whether the applicant will be able to live harmoniously in the country to which they would be returned an irrelevant consideration?
The FCA answered those questions as follows: