Franklin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 18

Federal Court of Australia

Franklin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 18 Appeal from: Franklin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 643

File number(s): QUD 365 of 2022

Judgment of: PERRAM, BURLEY AND DOWNES JJ

Date of judgment: 23 February 2023

Catchwords: MIGRATION – application for extension of time to appeal from decision of Federal Court – where Federal Court dismissed application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed decision of delegate not to revoke mandatory visa cancellation under s 501(3A) Migration Act 1958 (Cth) – where applicant received an aggregate sentence of imprisonment within meaning of s 53A Crimes (Sentencing Procedure) Act 1999 (NSW) – where applicant had received an earlier sentence of 12 months for separate conviction – where original cancellation decision was made on basis that applicant had a substantial criminal record within meaning of s 501(7)(c) Migration Act 1958 (Cth) because of aggregate sentence – where Migration Amendment (Aggregate Sentences) Act 2023 (Cth) came into force after hearing which validated delegate's decision – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5AB, 501, 501(3A), 501(7), 501(7)(c), 501CA, 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii) Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ss 3, 4 Federal Court Rules 2011 (Cth) r 36.03(a) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 53A, 53A(1)