Meng Kok Te v Minister for Immigration & Ethnic Affairs [1999] FCA 111

FEDERAL COURT OF AUSTRALIA

Meng Kok Te v Minister for Immigration & Ethnic Affairs [1999] FCA 111 MIGRATION – Deportation – Construction of s 201(c) of the Migration Act­ – Meaning of "sentenced to imprisonment for a period of not less than one year" – whether applicable to a partially suspended sentence of twelve months.

Migration Act 1958 (Cth), ss 200, 201(a), 201(b), 201(c), 253, 254. Sentencing Act 1991(Vic), ss 27(1), 27(2), 27(3), 27(5), 27(6), 27(8), 31(1), 31(5), 31(6), 31(7). Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, followed. Byrne v Australian Airlines Ltd (1994) 47 FCR 304, followed. Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505, followed. Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth, unreported, 22 December 1998, Federal Court, Full Court, cited. Re Alcan Australia Ltd; Ex parte Federation of Industrial Manufacturing and Engineering Employees (1994) 181 CLR 96, followed. R v Carngham (1978) 140 CLR 487, cited.

meng koK te v minister for immigration & ethnic affairs & ANOR

vG 587 of 1998

sackville, north, MERKEL JJ

melbourne

23 february 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 587 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MENG KOK TE

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

First Respondent

GOVERNOR OF PORT PHILLIP PRISON

Second Respondent JUDGE: SACKVILLE, NORTH & MERKEL JJ

DATE OF ORDER: 23 FEBRUARY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.