SXNC v Minister for Immigration, Citizenship, and Multicultural Affairs

SXNC, an applicant under the Migration Act 1958, challenged the decision of the Administrative Appeals Tribunal, which upheld the Minister for Immigration, Citizenship, and Multicultural Affairs' decision not to revoke a visa cancellation under s 501(3A). The key legal issue revolved around the validity of the second visa cancellation decision, given that it relied on the same basis as a previous cancellation decision, which could have relied on an aggregate sentence. The court examined whether the Migration Amendment (Aggregate Sentences) Act 2023 validated the second cancellation decision.

The court held that the second visa cancellation decision, which relied on the same basis as a previous cancellation, was not validated by the Amending Act. The decision noted that the second cancellation could have relied on a different basis, specifically the aggregate sentence, which would have been invalid at the time but was later validated by the Amending Act. The court determined that the Amending Act did not retrospectively validate the second cancellation decision. Consequently, the decision not to revoke the second cancellation decision was quashed.

The court granted an extension of time for the applicant to apply for judicial review of the Tribunal’s decision, as the application was filed seven days late due to an administrative error. The court also quashed the Tribunal’s decision and ordered the Minister to pay the applicant’s costs of the proceeding, as agreed or assessed, except for those costs addressed in a previous order.