An offender's immigration status as a non-citizen is a highly relevant sentencing consideration where a sentence of 12 months or more triggers mandatory visa cancellation under s 501(3A) of the Migration Act 1958 (Cth). Where the sentencing court was not informed of the offender's true immigration status, the Court of Appeal may receive new evidence of that status and re-exercise the sentencing discretion even where the evidence does not qualify as 'fresh evidence', provided the failure to adduce it was not deliberate and the interests of justice require it.
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