Cong Tam Dang v Minister for Immigration & Multicultural Affairs [2000] FCA 73

FEDERAL COURT OF AUSTRALIA Cong Tam Dang v Minister for Immigration & Multicultural Affairs [2000] FCA 73 MIGRATION – Deportation of non-citizens who have committed serious crimes – the requirements of the Ministerial Policy – the need to balance all relevant considerations – a two-stage process not required – whether the Tribunal substituted its own opinion for those of experts – whether the Tribunal breached "natural justice" by not alerting the applicant's representatives to the adverse view it had taken of certain evidence in the applicant's case – whether language used by the Tribunal created an apprehension of bias Migration Act 1958 (Cth) ss 200 and 201 Administrative Appeals Tribunal Act 1975 (Cth) s 33 Gascor v Ellicott [1997] 1 VR 332 applied Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Re Gogebakan v Minister for Immigration and Ethnic Affairs (1987) 6 AAR 544 referred to Gumus v Minister for Immigration, Local Government and Ethnic Affairs (1991) 30 FCR 145 referred to Percerep v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 483 referred to Marelic v Comcare (1993) 121 ALR 114 distinguished Meadows v Minister for Immigration and Multicultural Affairs (1999) 54 ALD 654 distinguished CONG TAM DANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 157 OF 1999 DRUMMOND, MATHEWS AND MANSFIELD JJ 15 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 157 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CONG TAM DANG

APPELLANT AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, MATHEWS AND MANSFIELD JJ