Thanh Tra Lam v Minister for Immigration & Multicultural Affairs [2006] FCAFC 184

FEDERAL COURT OF AUSTRALIA

Thanh Tra Lam v Minister for Immigration & Multicultural Affairs [2006] FCAFC 184

MIGRATION – visa refused on character grounds – appeal relating to impact of the appellant's deportation on his sister – interpretation of Ministerial Direction No 21 – whether a brother-sister relationship will 'always' be an 'other relationship' for the purposes of para 2.3(c) of Direction 21 – whether an exercise of power under Direction 21 requires the brother-sister relationship to be close – whether common law right to have child's best interests taken into account as a primary consideration INTERNATIONAL LAW – treaties – United Nation Convention on Rights of Child 1989 – domestic application where ratified by Australia - application of Teoh principle - whether ratification by Australia gives rise to a legitimate expectation that the Tribunal will act in conformity with that treaty Migration Act 1958 (Cth) Administrative Appeals Tribunal Act 1975 (Cth)

Awa v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 189 ALR 328 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Tien v Minister for Immigration and Multicultural Affairs (1998) 89 FCR 80 Department of Immigration and Ethnic Affairs v Ram (1996) 69 FCR 431 Browne v Minister for Immigration and Multicultural Affairs (1998) 27 AAR 353 Baldini v Minister for Immigration and Multicultural Affairs [2000] FCA 173;(2000) 115 A Crim R 307 Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 Chai v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1480 THANH TRA LAM v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ADMINISTRATIVE APPEALS TRIBUNAL SAD 85 OF 2006

TAMBERLIN, NICHOLSON, TRACEY JJ

19 DECEMBER 2006