Section 91R(3) of the Migration Act 1958 (Cth) requires the Tribunal to disregard an applicant's conduct in Australia whether that conduct supports or undermines the applicant's refugee claim, once the Tribunal is not satisfied the conduct was engaged in otherwise than to strengthen the refugee claim. The Tribunal cannot use such conduct for adverse credibility findings. The provision can only sensibly be applied once preliminary findings of fact have been made about whether the conduct occurred. Two questions were expressly left open: whether a distinction may be drawn between conduct and the motivation for conduct, and whether s 91R(3) is enlivened only when the applicant seeks to rely on the conduct.
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