Pearson v Commonwealth of Australia JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs Minister for Home Affairs v..

The High Court of Australia considered appeals and a special case concerning the interpretation of the *Migration Act 1958* (Cth) and the retrospective application of the *Migration Amendment (Aggregate Sentences) Act 2023* (Cth). The central dispute involved whether an "aggregate sentence" of imprisonment of 12 months or more, imposed for multiple offences, constituted "a term of imprisonment of 12 months or more" for the purposes of the character test under section 501(7)(c) of the *Migration Act*. This question arose because individuals who received such aggregate sentences had their visas mandatorily cancelled, and subsequent decisions by the Administrative Appeals Tribunal affirming these cancellations were challenged.

The legal issues before the Court included whether the *Migration Amendment (Aggregate Sentences) Act 2023* validly retrospectively validated decisions made under the *Migration Act* where aggregate sentences of 12 months or more had not been considered "a term of imprisonment of 12 months or more". The Court was also asked to determine if the provisions of the Amendment Act were invalid on the ground that they impermissibly usurped or interfered with the judicial power of the Commonwealth.

The Court's reasoning, as reflected in the orders, indicates that the specific questions posed in the special case were deemed unnecessary to answer, and no relief was granted to the plaintiff in that matter, with costs awarded to the first and second defendants. In the other matters, appeals were largely dismissed, with varying cost orders. However, in two specific appeals (Matter Nos S130/2024 and P33/2024), special leave to appeal was granted, and the appeals were allowed, leading to the setting aside of previous orders and the dismissal of applications or appeals, with the appellants ordered to pay the first respondent's costs.