Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 468 Review of: Nguyen v Minister for Immigration, Citizenship Multicultural Affairs [2023] AATA 2543
File number: NSD 922 of 2023
Judgment of: SHARIFF J
Date of judgment: 9 May 2024
Catchwords: MIGRATION – application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) – where applicant convicted of nine offences, including one which was not to be regarded as an offence for any purpose pursuant to s 35(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (Sentencing Procedure Act) – where s 35(4) of Sentencing Procedure Act picked up by s 85ZR(2) of the Crimes Act 1914 (Cth) – held that Tribunal erred in taking offence into account – held that error material to non-revocation decision – other grounds of review dismissed – AAT decision set aside and merits review to be conducted afresh – application upheld with costs
Legislation: Crimes Act 1914 (Cth) ss 16BA, 85ZR(2), 85ZM(1), 85ZS(1) Migration Act 1958 (Cth) ss 501(3A), 501(7), 501CA(4) Migration Amendment (Aggregate Sentences) Act 2023 (Cth) Ministerial Direction No 99 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under s 501CA paragraph 8.1.1(1) Children (Criminal Proceedings) Act 1987 (NSW) s 14 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 31(1), 31(2), 33, 35(4) Youth Justice Act 1992 (Qld) s 184(2)
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