Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 485

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 485

MIGRATION – MIGRATION ACT – Deportation of non-citizens who have committed serious crimes – Minister made a deportation order under s 200 of the Act following the applicant's conviction for supplying heroin – Minister also declared the applicant to be an excluded person under s 502 which excluded merits review of the deportation decision – the sentencing judge found that the applicant had been coerced into committing the offence– the constitutional validity of s 502 certificates – whether the Minister failed to take relevant considerations into account – whether the Minister took irrelevant considerations into account – whether the Minister applied departmental policy without regard to the merits of the case – Wednesbury unreasonableness. Migration Act 1958 (Cth), ss 200, 201, 253, 502 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 13 Attorney-General (Cth) v Breckler (1999) 163 ALR 576 considered The Queen v The Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 considered Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 followed Harris v Caladine (1990) 172 CLR 84 considered Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666 followed Ousley v The Queen (1997) 192 CLR 69 referred to N44 v Minister for Immigration and Multicultural Affairs [1999] FCA 1127 referred to Marshood v Minister for Immigration and Multicultural Affairs [1999] FCA 1415 referred to Li v Minister for Immigration and Multicultural Affairs [2000] FCA 19 referred to Lu v Minister for Immigration and Multicultural Affairs [2000] FCA 40 referred to Dietrich v The Queen (1992) 177 CLR 292 followed Minogue v Williams [2000] FCA 125 referred to Minister for Aboriginal Affairs v Peko Wallsend Ltd (1985) 162 CLR 24 followed Croft v Minister for Health (1983) 45 ALR 449 referred to Minister for Immigration and Ethnic Affairs v Tagle (1983) 48 ALR 566 referred to Ahern v Deputy Commissioner of Taxation (1983) 50 ALR 177 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 followed Minister for Immigration and Multicultural Affairs v Gunner (1988) 84 FCR 400 followed Botany Bay City Council v Minister of State for Transport and Regional Development (1996) 66 FCR 537 considered