Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton

HIGH COURT OF AUSTRALIAGAGELER, GORDON, EDELMAN, STEWARD AND JAGOT JJMINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS  APPELLANTANDROSS THORNTON  RESPONDENTMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton[2023] HCA 17Date of Hearing: 8 March 2023Date of Judgment: 14 June 2023B42/2022ORDER1. Appeal dismissed. 2. The appellant pay the respondent's costs of the appeal. On appeal from the Federal Court of AustraliaRepresentationA L Wheatley KC with A G Psaltis for the appellant (instructed by Clayton Utz)S J Keim SC with G J Rebetzke for the respondent (instructed by GTC Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v ThorntonImmigration – Visas – Cancellation of visa – Where respondent's visa subject to mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – Where Minister decided not to revoke visa cancellation on basis that respondent represented unacceptable risk of harm to Australian community – Where Minister took into account respondent's offending as a child for which no conviction recorded – Where s 184(2) of Youth Justice Act 1992 (Qld) provided that finding of guilt without recording of conviction not taken to be conviction for any purpose – Where s 85ZR(2)(b) of Crimes Act 1914 (Cth) provided that where, under State law, a person is, in particular circumstances or for particular purpose, taken never to have been convicted of offence under law of that State, the person shall be...