Full Court Minute Books

Case B15/2024

JZQQ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor

Case No.


Case Information

Lower Court Judgment

19/10/2023 Federal Court of Australia (Katzmann, Derrington, Kennett JJ)

[2023] FCAFC 168


Constitutional law – Judicial power of Commonwealth – Direction principle – Where appellant born in Somalia and granted refugee status in New Zealand – Where appellant convicted of intentionally causing injury and making threats to kill and sentenced to aggregate term of 15 months imprisonment – Where appellant's Australian visa cancelled on basis he failed character test in s 501 of Migration Act 1958 (Cth) – Where Administrative Appeals Tribunal ("Tribunal") affirmed non-revocation decision and concluded appellant did not pass character test – Where appellant lodged originating motion in Federal Court seeking judicial review – Where appellant released from immigration detention following Pearson v Minister for Home Affairs (2022) 295 FCR 177 ("Pearson") – Where Full Federal Court in Pearson held aggregate sentence does not fall within s 501(7)(c) – Where appellant amended originating application raising Pearson ground – Where Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ("Amending Act") amended Migration Act with retrospective effect to treat aggregate sentence as equivalent to sentence for single offence for purposes of s 501(7)(c) – Where appellant re-detained under Amending Act – Where Full Court held Tribunal's decision and Amending Act valid – Whether Amending Act beyond legislative power of Commonwealth Parliament by directing courts as to conclusions they should reach in exercise of their jurisdiction – Whether Amending Act denies court exercising jurisdiction under, or derived from, s 75(v) of Constitution, ability to enforce limits which Parliament has expressly or impliedly set on decision-making power.

Immigration – Visas – Cancellation – Application for judicial review –

– Whether decision made by Tribunal under s 43 of Administrative Appeals Tribunal Act 1975 (Cth) capable of meeting Amending Act’s description of decision made "under" Migration Act – Whether appellant's aggregate sentence of 15 months’ imprisonment is "term of imprisonment of 12 months or more" within meaning of s 501(7)(c) of Migration Act 1958.


07/03/2024 Determination

15/03/2024 Notice of appeal

24/04/2024 Written submissions (Appellant)

24/04/2024 Chronology (Appellant)

22/05/2024 Written submissions (Respondent)

12/06/2024 Reply

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