Section 501 update – DEPT OF HOME AFFAIRS: Statement on Aggregate Sentences Act 2023 – visa holders immigration law
17 FEB 2023: DEPT OF HOME AFFAIRS: Statement on Aggregate Sentences Act 2023 – On 17 February 2023, Migration Amendment (Aggregate Sentences) Act 2023 (the Aggregate Sentences Act) which amends the Migration Act 1958 (the Migration Act) came into effect
The Aggregate Sentences Act responds to the Full Federal Court judgment in Pearson v Minister for Home Affairs [2022] FCAFC 203 (Pearson). The central finding of the judgment was that a single aggregate sentence, being a single sentence imposed for multiple offences, cannot be relied upon when assessing whether a person has a ‘substantial criminal record’ under s 501(7)(c) of the Migration Act, with consequences for the application of the character test.
The Aggregate Sentences Act amends the relevant provisions of the Migration Act, and makes it clear that an aggregate sentence can be relied upon for the purposes of considering if a person has a substantial criminal record, which is relevant to the application of the character test. The Aggregate Sentences Act also validates, with retrospective operation, past decisions that would otherwise have been invalid because of the Pearson decision.
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