Federal Court (Full Court). In relation to the assessment of para 14.2(1)(b) of Direction 79, can it be said that the "“nature” of a person’s ties to family members in Australia – and the weight that should be afforded to that matter – can logically be affected by the existence of relationships with other family members who do not live in Australia"?
Paragraph 14.2 of Direction No. 79 stated for the purpose of the assessment under s 501CA(4) of the Migration Act 1958 (Cth):
(1) … decision-makers must have regard to:
…
(b) The strength, duration and nature of any family or social links with Australian citizens, Australian permanent residents and/or people who have an indefinite right to remain in Australia, including the effect of cancellation on the non-citizen’s immediate family in Australia (where those family members are Australian citizens, permanent residents, or people who have a right to remain in Australia indefinitely)
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: In order to clearly emerge from the materials, must an unarticulated claim must be based on established facts?
Question 2: In relation to the assessment of para 14.2(1)(b) of Direction 79, can it be said that the "“nature” of a person’s ties to family members in Australia – and the weight that should be afforded to that matter – can logically be affected by the existence of relationships with other family members who do not live in Australia"?
The FCAFC answered those questions as follows: