Federal Court of Australia
Federal Court of Australia
Pearson v Minister for Home Affairs [2022] FCAFC 203 File number: NSD 854 of 2022
Judgment of: ALLSOP CJ, RANGIAH AND SARAH C DERRINGTON JJ
Date of judgment: 22 December 2022
Catchwords: MIGRATION – application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of Minister for Home Affairs to mandatorily cancel visa on character grounds – where invitation did not crystallise the time period to make representations for revocation – where representations nevertheless made within 28 days and were considered – whether invitation a nullity – whether Minister's failure to comply with condition precedent to exercise of power material MIGRATION – visa mandatorily cancelled pursuant to s 501(3A) of Migration Act 1958 (Cth) on basis of aggregate sentence of 4 years and 3 months – whether aggregate sentence "a term of imprisonment of 12 months or more" within s 501(7)(c) ESTOPPEL – Anshun estoppel – where applicant previously sought judicial review of same decision and appealed to Full Court – whether applicant "should" have raised new grounds in previous application – where applicant could lose right ever to reside in Australia – whether "special circumstances"
Legislation: Acts Interpretation Act 1901 (Cth) ss 2(2), 23(b) Migration Act 1958 (Cth) ss 441A, 441G, 501(3A), 501(6), 501(7), 501(7A), 501(12), 501CA(3), 501CA(4) Migration Regulations 1994 (Cth) rr 2.52(2)(b), 2.52(4) Crimes Sentencing Procedure Act 1999 (NSW) s 53A
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