Mandatory visa cancellations do not apply to aggregate sentences

UPDATE: Since this court decision in December 2022, the law has been changed. Read the details in this article.

The Migration Act allows for the mandatory cancellation of a visa if a person has been sentenced to imprisonment for 12 months or more. In the recent Full Federal Court case of Pearson, the Court found that if a person receives an aggregate sentence of 12 months or more, they should not be subject to mandatory cancellation of their visa.

The reasoning behind this is that the criminal courts give an aggregate sentence to a conviction of several less serious offences whereas, only the most serious offending would subject a person to mandatory cancellation of their visa and therefore, a person would need to be given a sentence of 12 months or more for an offence in order for their visa to be cancelled.

This is a very important decision as hundreds of applicants in immigration detention have had their visa cancelled as a result of their sentences being combined to meet the 12-month threshold for visa cancellation. Following this decision, hundreds of applicants in immigration detention in Australia have been released and been given a second chance to lead a law-abiding life.

At Ray Turner Immigration Lawyers, we understand the law and the complexities that result in visa cancellations. If you are dealing with a visa cancellation, then please contact us for assistance as soon as possible