Full Court Minute Books

Case B42/2022

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v. Thornton

Case No.

Case no B42/2022

Case Information

Lower Court Judgment

25/02/2022 Federal Court of Australia (Katzmann, SC Derrington, Banks-Smith JJ)

[2022] FCAFC 23

Catchwords

Immigration – Visa cancellation decision under s 501(3A) of Migration Act 1958 (Cth) – Substantial criminal record – Where respondent’s visa mandatorily cancelled following conviction for assaults occasioning bodily harm and for other offences, for which respondent sentenced to concurrent periods of imprisonment – Where respondent sought revocation of cancellation decision – Where Minister, in considering whether "another reason" why cancellation decision be revoked (s 501CA(4)(b)(ii)), took into account respondent's criminal history, including convictions which Queensland Court ordered that there be "no conviction" – Where s 184(2) of Youth Justice Act 1992 (QLD) ("YJA") provides, in relation to recording of convictions against child, finding of guilt without recording conviction not taken to be conviction for any purpose – Where s 85ZR(2) of Crimes Act 1914 (Cth) ("CA") provides where, under State law person to be taken to never been convicted of offence under law of State, person shall be taken in corresponding circumstances or for corresponding purpose, by any Commonwealth authority, never to have been convicted of offence – Whether, on proper construction of s 184(2) of YJA, s 85ZR(2) of CA engaged – Whether Minister took into account irrelevant consideration.

Administrative law – Judicial review – Jurisdictional error – Irrelevant consideration – Materiality – Whether consideration of irrelevant consideration material.

Documents*

16/09/2022 Hearing (SLA, Canberra by video connection)

29/09/2022 Notice of appeal

04/11/2022 Written submissions (Appellant)

04/11/2022 Chronology (Appellant)

02/12/2022 Written submissions (Respondent)

23/12/2022 Reply

08/03/2023 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only.