Pearson v Commonwealth of Australia

Statutes – Construction – Migration Act 1958 (Cth) – Aggregate sentences – Where visas subject to mandatory cancellation under s 501(3A) of Migration Act because plaintiff and appellants did not pass character test on basis of s 501(7)(c) – Where s 501(7)(c) engaged if person sentenced to a term of imprisonment of 12 months or more – Where plaintiff and appellants each convicted of multiple offences and received aggregate sentence of imprisonment of 12 months or more – Where items 4(3), 4(4) and 4(5)(b)(i) of Sch 1 to Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ("Aggregate Sentences Act") purported to retrospectively validate decisions made under Migration Act rendered invalid by reason that aggregate sentence for 12 months or more was not considered "a term of imprisonment of 12 months or more" – Whether aggregate sentence "a term of imprisonment" within meaning of s 501(7)(c) – Whether Aggregate Sentences Act validated decisions of Administrative Appeals Tribunal affirming decisions not to revoke cancellation of visas – Whether items 4(3), 4(4) and 4(5)(b)(i) of Sch 1 to Aggregate Sentences Act invalid – Whether second applications for special leave should be granted.

Words and phrases – "aggregate sentence", "character test", "decision", "imprisonment", "mandatory cancellation of a visa", "punishment for an offence", "sentence", "substantial criminal record", "validity".

Migration Act 1958 (Cth) – ss 501, 501CA.

Migration Amendment (Aggregate Sentences) Act 2023 (Cth) – Sch 1, items 4(3), 4(4) and 4(5)(b)(i).