Todea, G. v. Minister for Immigration & Ethnic Affairs [1994] FCA 1025

- JUDGMENT No. olO2S./ clot. CATCHWORDS

IMMIGRATION LAW - appeal from the Administrative Appeals Tribunal on matters of law - confirmation of deportation order relating to person previously granted refugee status - applicant convicted of criminal offences in Australia - whether Tribunal misconstrued Convention Relating to Status of Refugees as to when a refugee may be deported - whether findings of Tribunal unreasonable - whether applicant feared persecution for a Convention reason.

Convention Relating to the Status of Refugees 1951, Art 1A, Art 1c, Art 1F, Art 32, Art 33.

australion Broadcasting Tribunal v_ Bond (1990) 170 CLR 321 nister fo igration and Ethnic Af (1990) 169 a 379

Gunaleela v Minister for Immigration and Ethnic Affairs (1987) 15 FCR 543

nister for ation, Local vernment and Et Affairs v Gray (1994) 50 FCR 189 Prevato v Governor, Metropolitan Remand Centre (1986) 8 FCR 358 egina v Secreta of State for the Home Department: Ex parte Brind [1991] 1 AC 696

Teoh _v Minister for Immigration, Local Government and Ethnic Affairs (1994) 121 ALR 436

EQORGHE TODEA v NI R_F I GRATI' AND ETHNIC AFFAIRS No. NG 346 of 1994

Sackville J. 22 December, 1994 Sydney.

22 DEC 1994

FEDERAL COURT OF

AUSTRALIA

PRINCIPAL REGISTRY

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 346 of 1994

GENERAL DIVISION )

—

BETWEEN:

GEORGHE TODEA Applicant

AND:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 22 DECEMBER 1994 , MINUTES OF ORDER THE rT E THAT :

1. The appeal be dismissed.

2. The applicant pay the respondent's costs.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

mary

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 346 of 1994

GENERAL DIVISION )

BETWEEN: GEORGHE TODEA Applicant AND: