Leng v Minister for Immigration & Multicultural Affairs [1999] FCA 1725

FEDERAL COURT OF AUSTRALIA

Leng v Minister for Immigration & Multicultural Affairs [1999] FCA 1725 IMMIGRATION - deportation of Australian permanent resident following numerous criminal convictions - validity of determination by Administrative Appeals Tribunal - application of criminal deportation policy direction - community expectations - relevance of seriousness of offences, prospect of recidivism, and hardship following deportation - whether Tribunal erred in failing to address all relevant matters Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Migration Act 1958 (Cth) s 200, 201, 499 Bail Act 1980 (Qld) Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Cited McPhee v Minister for Immigration, Local Government and Ethnic Affairs (1988) 16 ALD 77 Cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 Cited FABIAN KENNETH LENG v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 127 of 1999 KIEFEL J BRISBANE 10 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 127 OF 1999

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION CONSTITUTED BY A PRESIDENTIAL MEMBER

BETWEEN: FABIAN KENNETH LENG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KIEFEL J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal is allowed with costs and the decision of the Tribunal set aside. 2. The matter be remitted to the Tribunal for determination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 127 OF 1999

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION CONSTITUTED BY A PRESIDENTIAL MEMBER