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

[2020] FCA 1500

Federal Court of Australia19 October 2020

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Interrogate

Catchwords

1. Migration
2. › Visa cancellation
3. › Mandatory cancellation on character grounds
4. › Revocation under s 501CA(4)
5. › Another reason to revoke
1. Migration
2. › Judicial review
3. › Irrelevant considerations
4. › Criminal history where no conviction recorded
1. Migration
2. › Judicial review
3. › Mandatory relevant considerations
4. › Consequences of non-revocation decision
5. › Inability to complete judicially imposed sentence
1. Migration
2. › Judicial review
3. › Active intellectual engagement
4. › Consideration of representations regarding rehabilitation and supervision

Quick Take

Section 85ZR(2) of the Crimes Act 1914 (Cth) does not operate upon Queensland provisions for non-recording of convictions under s 12(3)(a) of the Penalties and Sentences Act 1992 (Qld) or s 184(2) of the Youth Justice Act 1992 (Qld), and the Minister exercising power under s 501CA(4) of the Migration Act is not prohibited from taking into account findings of guilt where no conviction was recorded.

Case Details

Citation[2020] FCA 1500

CourtFCA

JurisdictionCommonwealth

Decision Date19 October 2020

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Cited by2

Relies on11

2019Meyrick v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCAFC 209
2019Minister for Home Affairs v OmarFCAFC 188
2018Hooton v Minister for Home AffairsFCAFC 142
2018Minister for Immigration and Border Protection v BHA17FCAFC 68
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