Do v Minister for Immigration & Multicultural Affairs [2000] FCA 30

FEDERAL COURT OF AUSTRALIA

Do v Minister for Immigration & Multicultural Affairs [2000] FCA 30 MIGRATION – appeal against decision to deport the applicant under s 200 of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal should have determined whether potential deportee was a refugee – relevance of previous refugee status – whether Tribunal had a duty to consider evidence in relation to the question whether applicant was recognised as a refugee even though issue was not pursued by the applicant's counsel – whether failure to do so amounted to error of law. Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 39, 43 and 44 Australian Security Intelligence Organization Act 1979 (Cth) s 54(1) and (2) Migration Act 1958 (Cth) ss 6A, 200, 201, 499 and 499(2A) Re Lombardo and Commonwealth of Australia (1985) 3 AAR 537 applied Repatriation Commission v Hughes (1991) 23 ALD 270 applied Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483 applied Re Martin and Commonwealth of Australia (1983) 5 ALD 277 applied Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 considered

HAI VAN DO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 54 OF 1999

MANSFIELD J

27 JANUARY 2000

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 54 OF 1999

BETWEEN: HAI VAN DO

Applicant

AND: MINISTER FOR IMMIGRATION

& MULTICULTURAL AFFAIRS

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 27 JANUARY 2000

WHERE MADE: ADELAIDE

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

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 54 OF 1999