Federal Court of Australia
Federal Court of Australia
SXNC v Minister for Immigration, Citizenship, and Multicultural Affairs [2023] FCA 390 Review of: Application for an extension of time to apply for judicial review, and judicial review, of SXNC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 4510
File number: NSD 29 of 2022
Judgment of: STEWART J
Date of judgment: 28 April 2023
Catchwords: MIGRATION – validating effect of Migration Amendment (Aggregate Sentences) Act 2023 (the Amending Act) – whether a visa cancellation decision under s 501(3A) of the Migration Act 1958 that is invalid on account of relying on the same basis for the failure to pass the character test as relied on in a previous cancellation decision, but which could have relied on a different basis, being an aggregate sentence, and which would at that time have been invalid but which would subsequently have been validated by the Amending Act, is validated by the Amending Act – it is not
Legislation: Migration Act 1958 (Cth) ss 5AB, 476A(1), 477A, 501(1), 501(3A), 501(6)(a), 501(7)(c), 501CA Migration Amendment (Aggregate Sentences) Act 2013 (Cth), Sch 1, items 3, 4
Cases cited: Pearson v Minister for Home Affairs [2022] FCAFC 203 XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6; 289 FCR 256
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
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