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Key decisions

  • Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17
  • Hornsby Shire Council v Commonwealth of Australia [2023] HCA 19

IMMIGRATION

Cancellation of visa

In Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 (14 June 2023), the appeal turned on the construction of s 85ZR(2) of the Crimes Act 1914 (Cth) (‘Crimes Act’) and the characterisation of s 184(2) of the Youth Justice Act 1992 (Qld) (‘Youth Justice Act’).

The respondent (‘Thornton’) was born in, and is the citizen of, the United Kingdom. Thornton came to Australia at three years of age and held a Class BB Subclass Five Year Resident Return Visa. When he was 21 years old, Thornton was convicted of various offences and sentenced to 24 months’ imprisonment. As a result, Thornton’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) (‘Migration Act’). Thornton made representations to the Minister for the revocation of the cancellation of his visa. In support of his representations, Thornton included information that referred to offences he committed as a child. The Minister considered that Thornton represented an unacceptable risk to the Australian community and decided not to revoke the cancellation of Thornton’s visa. In reaching this decision, the Minister noted that Thornton had begun offending as a minor.

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