Catchwords:

MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Migration Act 1958 (Cth) (Act) – whether Tribunal misunderstood and so misapplied para 9.4.2 of Direction 90 when considering effect of cancellation of applicant’s visa on Australian business interests – whether findings as to nature and extent of applicant’s non-familial ties contrary to evidence – whether Tribunal repetitiously and so impermissibly weighed family violence under each of paras 8.1, 8.2, and 8.4 of Direction 90 – whether Direction 90 permits weight to be given to family violence for reasons unconnected to protection or expectations of Australian community – whether para 8.1 punitive

MIGRATION – application for judicial review of decision of Tribunal to affirm decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Act – where previous Full Court decision (Pearson) rendered cancellation of applicant’s visa invalid as 15 month aggregate sentence not within meaning of s 501(7)(c) – where Act subsequently amended by Migration Amendment (Aggregate Sentences Act) 2023 (Cth) (Amending Act) with retrospective effect to treat aggregate sentence as equivalent to sentence for single offence for purposes of s 501(7)(c) – whether Tribunal ought to have been satisfied applicant passed the character test on the basis of Pearson

CONSTITUTIONAL LAW – whether impugned provisions of Amending Act constitute usurpation of, or interference with, Commonwealth judicial power – whether Amending Act impermissibly purports to “reverse” Full Court decision

CONSTITUTIONAL LAW – whether Amending Act extinguishes a cause of action for false imprisonment such that it effects an acquisition of property other than on just terms contrary to s 51(xxxi) of Constitution – where s 3B of Act creates right to receive compensation where “this Act” would otherwise not be valid as a result of an acquisition of property – whether acquisition of property resulting from Amending Act “results” from “this Act”

STATUTORY INTERPRETATION – where Amending Act purports to validate things done under laws and provisions listed in item 4(2) – where list does not specify Administrative Appeals Tribunal Act 1975 (Cth) – whether decision of Tribunal affirming decision of delegate to mandatorily cancel visa pursuant to s 501(3A) of Act is one covered by item 4(2) – whether Act applies to a decision which, at time of enactment, was subject to pending judicial review proceedings in court exercising Ch III power