The introduction of mandatory visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) does not change the sentencing approach to deportation risk established in Guden v The Queen. Because the Minister retains a discretion under s 501CA to revoke the cancellation, deportation cannot be treated as a certainty, and sentencing courts should continue to treat it as a risk factor that may make imprisonment more burdensome, depending on the offender's personal circumstances and ties to Australia.
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