The mandatory cancellation of a visa under s 501(3A) of the Migration Act 1958 (Cth) after sentencing does not constitute fresh evidence throwing significant new light on pre-existing facts where the cancellation power was in force and foreseeable at the time of sentencing, particularly where no submission about deportation hardship was made on the plea. The parity principle is not infringed where differences in co-offenders' criminality, including involvement in separate enterprises, different drugs, different customer numbers, and the co-offender's mitigating circumstances, make it reasonably open to the sentencing judge to differentiate.
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