Lau v Minister for Immigration & Multicultural Affairs [2000] FCA 698

FEDERAL COURT OF AUSTRALIA

Lau v Minister for Immigration & Multicultural Affairs [2000] FCA 698 DEPORTATION - appeal from decision of Administrative Appeals Tribunal - alleged errors of law constituted by erroneous consideration of evidence indicating remorse, likelihood of recidivism or rehabilitation, and prospective hardship upon deportation - whether decision unreasonable or failed to consider material stipulated as relevant by Ministerial direction - relationship between statutory discretion to deport and Ministerial directions. Migration Act 1958 (Cth) s 200 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 56 ALD 43 Cited Minister for Aboriginal Affairs & Anor v Peko-Wallsend Limited & Anor (1986) 162 CLR 24 Cited Van Phuc Diep v Minister for Immigration and Multicultural Affairs [2000] FCA 272 Refd to Rokobatini v Minister for Immigration and Multicultural Affairs [1999] FCA 1238 Refd to Australian Broadcasting Tribunal v Bond & Ors (1990) 170 CLR 321 Cited Tuite v AAT (1993) 40 FCR 483, 484 (Davies J) Cited Percerep v Minister for Immigration and Multicultural Affairs, [1998] FCA 1088 Cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 Cited Bustescu v Minister for Immigration and Multicultural Affairs [1999] FCA 1713 (Sackville J) Cited

JACKY KIN FAT LAU v MINISTER FOR IMMIGRATION AND MULTICULTURALAFFAIRS N 827 of 1999 KIEFEL, NORTH, MANSFIELD JJ 26 MAY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N827 OF 1999

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A DEPUTY PRESIDENT

BETWEEN: JACKY KIN FAT LAU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURALAFFAIRS