MIGRATION - appellant's visa cancelled under s 501(2) of the Migration Act 1958 (Cth) - character grounds relating to substantial criminal record as defined in s 501(7) - where Minister's delegate previously exercised discretion not to cancel visa and whether this is an exercise of power under s 501(2) - whether subsequent conviction is proper basis for fresh exercise of power under s 501(2) with conviction later annulled - whether Minister's decision was unreasonable as the subsequent event should be treated as a nullity in accordance with s 10 of the Crimes (Appeal and Review) Act 2001 (NSW)
STATUTORY INTERPRETATION - whether the phrase "may cancel" in s 501(2) implies a singular action and whether it displaces the presumption in s 33(1) of the Acts Interpretation Act 1901 (Cth)
PRACTICE AND PROCEDURE: - leave to raise new ground not advanced below.
Held: - appeal dismissed.
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