Recent Cases

Nuon v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 197 (13 December 2022) (Logan, O’Callaghan and Banks‑Smith JJ)


Catchwords:


MIGRATION – where primary judge refused application for judicial review in original jurisdiction in relation to Minister’s non‑revocation decision under s 501C(4) of the Migration Act 1958 (Cth) – where appellant determined to not pass character test on the ground of being “sentenced to term of imprisonment for 12 months or more” under s 501(7)(c) on basis of detention in Youth Justice Centre while a minor – consideration of detention ordered under Children, Youth and Families Act 2005 (Vic) – where primary judge found that sentence of detention was “imprisonment” within the meaning of s 501 of the Migration Act 1958 (Cth) and dismissed the application – appeal dismissed