Federal Court. Does FYBR set out a 3-staged process the decision maker must follow in every case in the context of the expectations of the Australian community?
At [100] in FYBR v Minister for Home Affairs [2019] FCAFC 185; (2019) 272 FCR 454 (FYBR), Stewart J said the following about Direction 65, which was relevantly analogous to Direction 79:
To summarise, as expressed in Direction 65, the Australian community has only three relevant expectations:
• non-citizens will obey Australian laws when in Australia;
• it may be appropriate to refuse a visa application where a non-citizen has breached, or where there is an unacceptable risk that they will breach, the expectation that they will obey the law or where they have been convicted of offences in Australia or elsewhere;
• in a particular case, the refusal of a visa may be appropriate simply because the nature of the character concerns or offences is such that they should not be granted a visa.
The Federal Court answered that question as follows: