Hui v Minister for Immigration & Multicultural Affairs [1999] FCA 985

FEDERAL COURT OF AUSTRALIA

Hui v Minister for Immigration and

Multicultural Affairs [1999] FCA 985

ADMINISTRATIVE LAW Ð migration Ð criminal deportation order Ð review by Administrative Appeals Tribunal Ð whether Tribunal had treated the best interests of the applicantÕs children as a primary consideration Ð whether Tribunal was obliged to make further inquiries Ð Tribunal applied the MinisterÕs 1992 policy statement Ð at time of TribunalÕs decision, respondent had made directions under s 499 of Migration Act about making of deportation orders Ð policy significantly different from directions in content with respect to the best interests of the children Ð whether, without referring to the directions, the Tribunal had made its decision in accordance with them Ð whether error of law not to do so Ð if so, whether TribunalÕs decision should be set aside.

Migration Act 1958 (Cth), ss 200, 201, 499(1)

Administrative Appeals Tribunal Act 1975 (Cth), s 44(1)

Minister for Immigration and Ethnic Affairs v Teoh (1995) 128 ALR 353 considered

Luu v Renevier (1989) 91 ALR 39 considered

Rokobatini v Minister for Immigration and Multicultural Affairs [1999] FCA 492 (Emmett J) approved but distinguished

HUI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 147 of 1999

CARR J

21 JULY 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 147 of 1999

BETWEEN: LOKENI HUI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: CARR J

DATE OF ORDER: 21 JULY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal, given on 28 January 1999, be set aside.