The prospect of deportation remains irrelevant as a sentencing consideration in NSW, even following the 2014 amendments to the Migration Act introducing mandatory visa cancellation under s 501(3A). An applicant who conceded at sentencing that deportation was irrelevant cannot resile from that concession on appeal absent exceptional circumstances. Even if the Victorian approach from Guden were adopted, the risk of deportation must be assessable rather than merely speculative, and a pending application for revocation of visa cancellation means the risk remains speculative.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.