Life after FYBR : the expectations of the Australian community in migration character cases

A great deal of the rules concerning character cases decided under the Migration Act 1958 (Cth) (the Act) are dictated by policy principles reflected in ministerial directions. These policy documents are made with the statutory backing of s 499(2A), which mandates that administrative decision-makers must have regard to the various considerations reflected in the relevant ministerial direction. This article explores an aspect of Direction 90 dealing with the primary consideration of the expectations of the Australian community. After considering the relevant jurisprudence in the area, the article concludes that a delegate of the Minister or the Administrative Appeals Tribunal can have regard to expectations of the Australian community independent of Direction 90 (now Direction 99) under Pt 9 of the Migration Act.