Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 197

Federal Court of Australia

Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 197 Appeal from: Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 653

File number(s): VID 355 of 2022

Judgment of: LOGAN, O'CALLAGHAN AND BANKS-SMITH JJ

Date of judgment: 13 December 2022

Catchwords: MIGRATION – where primary judge refused application for judicial review in original jurisdiction in relation to Minister's non-revocation decision under s 501C(4) of the Migration Act 1958 (Cth) – where appellant determined to not pass character test on the ground of being "sentenced to term of imprisonment for 12 months or more" under s 501(7)(c) on basis of detention in Youth Justice Centre while a minor – consideration of detention ordered under Children, Youth and Families Act 2005 (Vic) – where primary judge found that sentence of detention was "imprisonment" within the meaning of s 501 of the Migration Act 1958 (Cth) and dismissed the application – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 501, 501(2), 501(3), 501(6), 501(6)(a), 501(7), 501(7)(c), 501(8), 501(9), 501(12), 501C, 501C(4) Children, Youth and Families Act 2005 (Vic) ss 362, 412 Children and Young Persons Act 1989 (Vic) (repealed) s 139 Sentencing Act 1991 (Vic) s 5(1)

Cases cited: Brown v Minister for Immigration and Citizenship (2010) 183 FCR 113 CNK v The Queen (2011) 32 VR 641 Green v The Queen [2011] VSCA 311 RAC v The Queen [2011] VSCA 294 Veen v The Queen (No 2) (1988) 164 CLR 465 Webster (a Pseudonym) v The Queen [2016] VSCA 66; (2016) 258 A Crim R 301