Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs

(2023) 408 ALR 503; [2023] FCAFC 10

Full Court of the Federal Court14 February 2023

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Interrogate

Catchwords

1. Migration
1. appeal from Federal Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming decision not to revoke cancellation decision
1. decision in Pearson followed
1. appeal allowed and application for judicial review granted with declaratory relief

Quick Take

Aggregate sentences imposed under NSW law (and equivalent state provisions) do not trigger mandatory cancellation under s 501(3A), though the Migration Amendment (Aggregate Sentences) Act 2023 may have retrospective effect if enacted.

Case Details

Citation[2023] FCAFC 10

Reported(2023) 408 ALR 503

CourtFCAFC

JurisdictionCommonwealth

Decision Date14 February 2023

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Cited by5

Relies on6

2022Pearson v Minister for Home AffairsFCAFC 203
2022XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCAFC 6
2021Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19FCAFC 153
2000Telstra Corporation Limited v TreloarFCA 1170
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