Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ketjan v Assistant Minister for Immigration and Border Protection [2019] FCAFC 207 Appeal from: Ketjan v Assistant Minister for Immigration and Border Protection [2019] FCA 516
File number: QUD 283 of 2019
Judges: MIDDLETON, REEVES AND ANDERSON JJ
Date of judgment: 19 November 2019
Date of publication of reasons: 26 November 2019
Catchwords: MIGRATION – appeal from decision of Federal Court of Australia dismissing application for judicial review of mandatory cancellation of appellant's visa under s 501(3A) of the Migration Act 1958 (Cth) – where mandatory visa cancellation scheme (scheme) commenced in 2014 – where appellant had "substantial criminal record" because of 18 month term of imprisonment served exclusively prior to commencement of scheme – where appellant was in prison after commencement of scheme for different term of imprisonment of less than 12 months – whether scheme applied to appellant – whether scheme has retrospective application – whether mandatory visa cancellation imposed further punishment for criminal guilt Held: appeal dismissed – scheme applied to appellant's circumstances – scheme did not apply retrospectively to appellant - mandatory visa cancellation did not constitute further punishment for criminal guilt
Legislation: Migration Act 1958 (Cth) ss 501(2), 501(3A), 501(3A)(a), 501(3A)(b), 501(6), 501(6)(a), 501(6)(e), 501(7), 501(7)(a), 501(7)(b), 501(7)(c), 501CA, 501CA(4) Migration Amendment (Character and General Visa Cancellation) Act 2014 (Cth) Sch 1, items 8, 18 and 32
Cases cited: Baker v The Queen [2004] HCA 45; 223 CLR 513 Brown v Minister for Immigration and Citizenship [2010] FCAFC 33; 183 FCR 113 Colman v Shell Co of Australia Ltd (1943) SR (NSW) 27 Commonwealth v SCI Operations Pty Limited [1998] HCA 20; 192 CLR 285 Ex parte Walsh; In re Yates [1925] HCA 25; 37 CLR 36 Falzon v Minister for Immigration and Border Protection [2018] HCA 2; 262 CLR 333 Fisher v Hebburn Ltd [1960] HCA 80; 105 CLR 188 Ketjan v Assistant Minister for Immigration and Border Protection [2019] FCA 516 Maxwell v Murphy [1957] HCA 7; 96 CLR 261 Minogue v Victoria [2018] HCA 27; 264 CLR 252
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate