Ketjan v Assistant Minister  FCA 516
Ketjan’s visa was cancelled under a migration provision requiring cancellation where someone has a substantial criminal record and is currently imprisoned. The decision-maker took into account a custodial sentence completed before the provision came into force. Was this prevented by the presumption against retrospective laws?13
The court held (at ) that the provision didn’t affect rights that existed in the past. It simply used past events ‘as a basis for what it prescribes for the future’14. iTip – legislation is not retrospective simply because it refers to events that happened before commencement of the law in question.
This case is from Episode 48 of interpretationNOW!
13 Maxwell  HCA 7 (at ), Episodes 7 & 39.
14 Robertson  VR 819 (at 824).