Betkhoshabeh v Minister for Immigration & Multicultural Affairs [1999] FCA 470

FEDERAL COURT OF AUSTRALIA

Betkhoshabeh v Minister for Immigration and Multicultural Affairs

[1999] FCA 470 CITIZENSHIP AND MIGRATION – deportation – deportation of refugee – deportation order made under s 200 of Migration Act 1958 as result of conviction – review of deportation order – application pursuant to s 253(9) of Migration Act 1958 for interim release from custody – whether Minister erred in refusing to order release of applicant. ADMINISTRATIVE LAW – jurisdiction of Court to grant interlocutory relief – serious question to be tried – balance of convenience.

Administrative Decisions (Judicial Review) Act (Cth) 1977 ss 5, 15, 16(1)(d) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 200, 201, 253(9) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) ss 19, 23, 28(1)(b)

Betkhoshabeh v Minister for Immigration and Multicultural Affairs (1998) 157 ALR 95 referred to Betkhoshabeh v Minister for Immigration and Multicultural Affairs [1999] FCA 16 referred to Rifki v Minister for Immigration and Ethnic Affairs (1983) 46 ALR 301 referred to Minister for Immigration, Local Government and Ethnic Affairs v Msilanga (1992) 34 FCR 169 at 179-82, 185 applied Snow v Deputy Commissioner of Taxation (1987) 14 FCR 119 at 129 referred to Jackson v Sterling Industries Ltd (1987) 162 CLR 612 at 622 applied Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 153 ALR 643 at 658, 659 applied Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 at 161 referred to Elmi v Minister for Immigration and Ethnic Affairs (1988) 17 ALD 471 referred to Park Oh Ho v Minister for Immigration and Ethnic Affairs (1989) 167 CLR 637 at 644 referred to Omar v Department of Immigration and Multicultural Affairs (1997) 48 ALD 607 referred to Pylka v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 483 referred to Halmi v Minister for Immigration and Multicultural Affairs (1998 79 FCR 261 referred to Tuiletufuga v Minister for Immigration and Multicultural Affairs (1998) 158 ALR 205 referred to Meng Kok Te v Minister for Immigration and Ethnic Affairs (unreported, Branson J, 18 October 1998) referred to Chi Dung Dang v Minister for Minister for Immigration and Multicultural Affairs [1998] FCA 1484 referred to Minister for Immigration, Local Government and Ethnic Affairs v Montero (No 2) (1992) 26 ALD 158 referred to Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 at 287 referred to VILPERIT BETKHOSHABEH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V144 of 1999 WEINBERG J MELBOURNE 20 APRIL 1999