Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 (14 June 2023) (Gageler, Gordon, Edelman, Steward and Jagot JJ)


Immigration – Visas – Cancellation of visa – Where respondent’s visa subject to mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – Where Minister decided not to revoke visa cancellation on basis that respondent represented unacceptable risk of harm to Australian community – Where Minister took into account respondent’s offending as a child for which no conviction recorded – Where s 184(2) of Youth Justice Act 1992 (Qld) provided that finding of guilt without recording of conviction not taken to be conviction for any purpose – Where s 85ZR(2)(b) of Crimes Act 1914 (Cth) provided that where, under State law, a person is, in particular circumstances or for particular purpose, taken never to have been convicted of offence under law of that State, the person shall be taken, in any State, in corresponding circumstances or for corresponding purpose, by any Commonwealth authority in that State, never to have been convicted of that offence – Whether s 184(2) of Youth Justice Act a State law which provided that person to be taken never to have been convicted of offence under law of that State – Whether Minister took into account irrelevant consideration – Whether Minister’s decision vitiated by jurisdictional error.

Words and phrases – “another reason”, “conviction”, “criminal history”, “finding of guilt”, “for a particular purpose”, “for any purpose”, “in particular circumstances”, “irrelevant consideration”, “jurisdictional error”, “pardon”, “recording of a conviction”, “unacceptable risk”, “visa cancellation”.