Sui, Steven Wing-Yuen v Minister for Immigration & Ethnic Affairs [1996] FCA 1191

CATCHWORDS ADMINISTRATIVE LAW - MIGRATION - appeal from decision of the Administrative Appeals Tribunal ("AAT") affirming a deportation order - whether appellant a "stateless person" - whether appellant a danger to public order - whether AAT failed to consider hardship to appellant as result of deportation - whether Minister bound by sentencing comments of District Court - whether earlier decisions not to deport estopped Minister from making deportation order Migration Act 1958, s 200, s 201 Convention Relating to the Status of Stateless Persons 1954, Art 1, 31 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Attorney-General (NSW) v Quin (1990) 170 CLR 1, applied Re Ceskovic and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 453, cited Daguio v Minister for Immigration and Ethnic Affairs (1987) 71 ALR 173, cited Re Gogebaken and Minister for Immigration and Ethnic Affairs (1987) 6 AAR 544, distinguished STEVEN WING-YUEN SUI -v- MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No NG 345 of 1996 Wilcox, Lindgren & Tamberlin JJ Sydney 27 November 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 345 of 1996 GENERAL DIVISION ) ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY HIS HONOUR JUSTICE RODNEY N PURVIS GIVEN ON 29 MARCH 1996 BETWEEN: STEVEN WING-YUEN SUI Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: WILCOX, LINDGREN and TAMBERLIN JJ PLACE: SYDNEY DATED: 27 NOVEMBER 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal from the decision of the Administrative Appeals Tribunal be dismissed. 2. The appellant is to pay the costs of the respondent. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.