Dang v Minister for Immigration & Multicultural Affairs [1999] FCA 38

FEDERAL COURT OF AUSTRALIA

Cong Tam Dang v Minister for Immigration & Multicultural Affairs

[1999] FCA 38 MIGRATION - criminal deportation - whether the Administrative Appeals Tribunal erred in the test it applied to the risk of the applicant reoffending - whether the Tribunal applied the wrong test in determining whether to deport the applicant - whether the Tribunal failed to properly consider the effect of deportation on the applicant and his family - whether Tribunal failed to take into account relevant considerations - distinction between failure to consider certain evidence and failure to consider relevant factors - whether questionable findings of fact gave rise to legal error - effect of inappropriate language in the Tribunal's reasons for decision.

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) s 200

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Salazar-Arbelaez v Minister for Immigration and Ethnic Affairs (1977) 18 ALR 36 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Walsh v Department of Employment Education Training and Youth Affairs (unreported, R D Nicholson J, 9 April 1998)

CONG TAM DANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 601 of 1998 MOORE J 2 FEBRUARY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 601 OF 1998

BETWEEN: CONG TAM DANG

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MOORE J

DATE OF ORDER: 2 FEBRUARY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed. 2. No order as to costs.

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