Double counting family violence for the same purpose : permissible decision-making or legal unreasonableness?

Decision-makers who make decisions under ss 501 and 501CA of the Migration Act 1958 (Cth) are bound to apply relevant considerations reflected in Direction no 90. The general purpose of the Direction is to guide decision-makers making character decisions and ensure such decisions readily apply mandated government policy. This article explores the legality of an aspect of the application of the Direction, which effectively requires decision-makers to double count family violence committed by a non-citizen against that person when considering the exercise of the statutory power in ss 501 and 501CA of the Act. After examining legal principles relevant to legal unreasonableness, this article concludes that requiring decision-makers to double count the same conduct against a non-citizen for the same purpose is arguably an exercise of legally unreasonable decision-making.