Federal Court. Para 8.3(4)(a)(i) of Direction 90 provided that "considerable weight should be given to the fact that a non-citizen has been ordinarily resident in Australia during and since their formative years". Does that compel the Tribunal to give "considerable weight"?
Para 8.3(4)(a)(i) of Direction 90 provided:
(4) Decision-makers must also consider the strength, nature and duration of any other ties that the non-citizen has to the Australian community. In doing so, decision-makers must have regard to:
(a) the length of time the non-citizen has resided in the Australian community, noting that:
i. considerable weight should be given to the fact that a non-citizen has been ordinarily resident in Australia during and since their formative years, regardless of when their offending commenced and the level of that offending; and
…
The Federal Court answered that question as follows: