Federal Court. If a conviction and sentence was sufficient to engage the Tribunal's jurisdiction for the purposes of s 501CA(4)(a)(i) of the Migration Act 1958 (Cth) and other convictions and sentences were not needed to engage that jurisdiction, could the Tribunal go behind those other convictions and sentences insofar as they had a bearing on s 501CA(4)(a)(ii)?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: If a person's visa is cancelled under s 501(3A) of the Migration Act 1958 (Cth) because of a failure to satisfy a particular limb of the character test in s 501(6), is it possible for s 501CA(4)(b)(i) not to be satisfied because of a different limb of the character test?
Question 2: Federal Court. If a conviction and sentence was sufficient to engage the Tribunal's jurisdiction for the purposes of s 501CA(4)(a)(i) of the Migration Act 1958 (Cth) and other convictions and sentences were not needed to engage that jurisdiction, could the Tribunal go behind those other convictions and sentences insofar as they had a bearing on s 501CA(4)(a)(ii)?
The FCA answered those questions as follows: