The Court held that clause 485.231(3) of Schedule 2 to the Migration Regulations 1994 (Cth) imposes a mandatory criterion for the grant of a Subclass 485 visa, not a discretionary one, and the absence of the word 'must' does not alter this — the notes to clause 485.2 and the structure of the Regulations make clear that all primary criteria must be satisfied. The six-month period in cl 485.231(3) is calculated in accordance with s 2G(2) of the Acts Interpretation Act 1901 (Cth), running by calendar months without exclusion of weekends or non-business days. No denial of procedural fairness was established where the Tribunal gave the appellant over two months' notice of the hearing and an opportunity to appear, give evidence and make submissions.
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