Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259

FEDERAL COURT OF AUSTRALIA

Appellant V324 of 2004 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 259

MIGRATION – appeal from orders made by the primary judge under s 44 of the Administrative Appeals Act 1975 (Cth) deportation under s 200 of the Migration Act 1958 (Cth) – whether failure to make material findings of fact as to risk of recidivism and hardship to appellant if deported – balancing protection of Australian community from repetition of offences against hardship likely to flow to appellant and the appellant's family if the appellant were returned to China.

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 followed Plaintiff S 157/2002 v Commonwealth (2003) 195 ALR 24 followed APPELLANT V324 of 2004 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 324 OF 2004 HILL, STONE & ALLSOP JJ 20 SEPTEMBER 2004 SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V324 of 2004

On Appeal from a Single Judge of the Federal Court of Australia

BETWEEN: APPELLANT V324 OF 2004

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT JUDGES: HILL, STONE & ALLSOP JJ

DATE OF ORDER: 20 SEPTEMBER 2004

WHERE MADE: SYDNEY (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V324 of 2004

On Appeal from a Single Judge of the Federal Court of Australia

BETWEEN: APPELLANT V324 OF 2004

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS