Van Cuong Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 225

FEDERAL COURT OF AUSTRALIA

Van Cuong Nguyen v Minister for Immigration & Multicultural Affairs [No 2] [2000] FCA 225 MIGRATION – whether lack of legal representation constitutes denial of natural justice in administrative appeals – whether General Direction - Criminal Deportations - No 9 has application to person who entered Australia as a refugee – whether Administrative Appeals Tribunal (the "Tribunal") adequately assessed danger posed to Australian community – whether Tribunal entitled to conclude that applicant's involvement in crime was not unpremeditated and naďve – whether applicant's lack of candour irrelevant to likelihood of rehabilitation – whether Tribunal's conclusion regarding recidivism was open to it – approach to be taken to question of whether 'particularly serious crime' Migration Act 1958 (Cth), s 499 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees, Article 33 General Direction – Criminal Deportation – No. 9 Dietrich v The Queen (1992) 177 CLR 292, referred to Vo Tuan Kiet v Minister for Immigration and Multicultural Affairs (Wilcox J, 5 June 1998, unreported) Bank of Western Australia v Federal Commissioner of Taxation (1994) 125 ALR 605, followed A v Minister for Immigration and Multicultural Affairs [1999] FCA 227, cited Sinclair v Maryborough Mining Warden (1975) 132 CLR 473, cited The Queen v District Court; ex parte White (1966) 116 CLR 644, cited

VAN CUONG NGUYEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1003 of 1999 BRANSON J SYDNEY 7 MARCH 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1003 of 1999

BETWEEN: VAN CUONG NGUYEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES BRANSON J