Federal Court (Full Court). Was the Tribunal permitted for the purpose of s 501CA(4) of the Migration Act 1958 (Cth) to consider the combined influence of cll 9.4.1(2)(a) and (b) of Direction 90 as constituent parts of the “other ties” consideration in cl 9.4.1(2) and apply the abating effect under cl 9.4.1(2)(a)(i) to that consolidated whole?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Does Direction 90 “limit the matters which a decision-maker might take into account in determining whether there is another reason for revoking the cancellation decision”?
Question 2: Was the Tribunal permitted for the purpose of s 501CA(4) of the Migration Act 1958 (Cth) to consider the combined influence of cll 9.4.1(2)(a) and (b) of Direction 90 as constituent parts of the “other ties” consideration in cl 9.4.1(2) and apply the abating effect under cl 9.4.1(2)(a)(i) to that consolidated whole?
Question 3: Could the negative impact of a non-citizen commencing their offending shortly after arriving in Australia, which was a matter contemplated by cl 9.4.1(2)(a)(i) of Direction 90, be matter which could be taken into account by a decision-maker regardless of the content of Direction 90?
The FCAFC answered those questions as follows: