The introduction of mandatory visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) does not constitute fresh evidence requiring resentencing, because the availability of revocation under s 501CA means the risk of deportation remains speculative. The court's assessment of deportation risk for sentencing purposes cannot be so finely calibrated as to distinguish between the former discretionary cancellation regime and the new mandatory cancellation with revocation regime. Changes to Ministerial Directions similarly do not constitute fresh evidence.
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