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September 14, 2026Griffith Law ReviewOpen Access

Ghosts of the past: rethinking spent convictions in migration character decisions under s 501 of the Migration Act 1958 (Cth)

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JDJason Donnelly

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Overview

Legal and policy analysis uncovers systemic unfairness in Australian migration character cancellations for long-term residents, highlighting the need to align migration law with rehabilitative...

Key Points

  • To examine the exemption of migration decisions from Australia's spent convictions scheme and assess its impact on administrative fairness and visa cancellation under s 501 of the Migration Act 1958.
  • Conducted doctrinal, empirical, and statutory policy analysis of Part VIIC of the Crimes Act 1914 (Cth) and s 501 of the Migration Act 1958 (Cth).
  • Evaluated Australian administrative case law, focusing on judicial decisions including Frugtniet and Lesianawai.
  • Identified that the statutory exemption under s 85ZZH(d) undermines core administrative law standards of fairness, rationality, and consistency.
  • Showed that relying on minor, spent convictions disproportionately subjects long-term residents to deportation, conflicting directly with the rehabilitative objectives embedded in federal criminal law.

Cite This Study

Jason Donnelly (2026) studied this question.

synapsesocial.com/papers/6aa7b32d0926e14a848b1fb8https://doi.org/10.1080/10383441.2026.2731848
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