Federal Court. Did cl 8.1.1(1)(d) of Direction 110 require the identification of a person or persons affected by the offending or the conduct?
Clause 8.1.1(1)(d) of Direction 110 provided:
(1) In considering the nature and seriousness of the non-citizen’s criminal offending or other conduct to date, decision-makers must have regard to the following:
…
(d) the impact of the offending on any victims of offending or other conduct and their family, where information in this regard is available and the non-citizen whose visa is being considered for refusal or cancellation, or who has sought revocation of the mandatory cancellation of their visa, has been afforded procedural fairness.
The Tribunal's reasons included the following passage:
The Tribunal has considered the impact of the Applicant’s offending. As noted by the sentencing judge drugs destroy lives. The Applicant knew people who were drug addicts including her first husband who was the father to her two daughters. The impact of trafficking drugs cannot be understated, and the sentencing judge was aware of this impact. The Tribunal agrees that the Applicant’s conduct had very grave consequences. The Tribunal has had regard to the impact of the Applicant’s offending when considering the nature and seriousness of her conduct (paragraph 8.1.1 (1) (d)).
The Federal Court answered that question as follows: