Omar, Omar Ahmed v Minister for Immigration & Multicultural Affairs [1998] FCA 160

FEDERAL COURT OF AUSTRALIA

MIGRATION - appellant convicted of several offences and sentenced to imprisonment - appellant in custody - order for deportation of the appellant made by the respondent Minister pursuant to ss 200, 201 of the Migration Act 1958 (Cth) - appeal to the AAT affirmed the Minister's decision - single judge of the Federal Court dismissed appeal against the AAT's decision and refused application for the release of the appellant from custody - appellant appeals to the Full Court - appeal not yet heard. MIGRATION - appellant applies for stay of the deportation order pending the hearing of the related appeal - single judge refuses application - appellant appeals to the Full Court - consideration of whether the appeal has reasonable grounds - whether the AAT wrongly failed to consider that the deportation order was, in effect, a lifetime banishment of the appellant from Australia (schedule 5 of the Migration Regulations) - whether the AAT failed to consider the likelihood of rehabilitation or recidivism of the appellant - whether the AAT failed to deal with evidence in a logical manner - whether the AAT failed to properly consider the effects of the appellant's deportation on his children and the ability of his then defacto wife to care for their children - appeal dismissed with costs - related appeal not yet heard. Migration Act 1958 (Cth) ss 200, 201 Migration Regulations Schedule 5 Alexander & Ors v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 referred to OMAR AHMED OMAR V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 704 of 1997 CORAM: BLACK CJ, NORTH J AND FINKELSTEIN J DATE: 28 JANUARY 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 704 of 1997

BETWEEN: OMAR AHMED OMAR

APPELLANT