Federal Court of Australia
Federal Court of Australia
Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 23 Appeal from: Thornton v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1500
File number: QUD 363 of 2020
Judgment of: KATZMANN, SC DERRINGTON AND BANKS-SMITH JJ
Date of judgment: 25 February 2022
Catchwords: MIGRATION – appeal from decision of primary judge dismissing application for judicial review of decision not to revoke mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether Minister took into account an irrelevant consideration being unrecorded convictions as a juvenile – whether Minister failed to consider substantial or significant and clearly articulated claims – whether reasons fail to demonstrate an active intellectual process with respect to rehabilitative components of sentence – whether decision legally unreasonable STATUTES – interpretation – general approaches to interpretation – whether s 12(3) of the Penalties and Sentences Act 1992 (Qld) and s 184 of the Youth Justice Act 1992 (Qld) operate in manner contemplated by s 85ZR(2) of the Crimes Act 1914 (Cth) Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Acts Interpretation Act 1954 (Qld) s 14A Crimes Act 1914 (Cth) ss 85ZR(2), 85ZZH Migration Act 1958 (Cth) ss 279, 501(1), 501(3A), 501(6)(a), 501(7), 501CA Penalties and Sentences Act 1992 (Qld), s 12(3) Youth Justice Act 1992 (Qld) ss 148, 184(2)
Cases cited: Bull v Attorney-General (NSW) (1913) 17 CLR 370 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Hartwig v P E Hack [2007] FCA 1039 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 R v A2 269 CLR 597 R v Briese; Ex parte Attorney-General (Qld) [1997] QCA 10; [1988] 1 Qd R 487 R v MDD [2021] QCA 235 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362
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