Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Damanik v Minister for Immigration & Multicultural Affairs [2000] FCA 771
MIGRATION – deportation – non-citizen – Indonesian national - convicted of offence of supply of prohibited drug – sentence of five years imprisonment – separated wife and child in Australia - exercise of discretion to make deportation order and certificate that non-citizen an excluded person – natural justice – irrelevant considerations – relevant considerations – unreasonableness.
Migration Act 1958 (Cth) s 476, s 201, s 502, s 499
Administrative Decisions (Judicial Review) Act 1977 (Cth)
National Companies and Securities Commission v The News Corporation Ltd (1984) 156 CLR 296 cited
Barratt v Howard [2000] FCA 190 cited
BERNANDUS DAMANIK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W61 of 2000 FRENCH J 8 JUNE 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W61 OF 2000
BETWEEN: BERNANDUS DAMANIK
APPLICANT
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 8 JUNE 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicant is to pay the Respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W61 OF 2000
BETWEEN: BERNANDUS DAMANIK
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: FRENCH J
DATE: 8 JUNE 2000
PLACE: PERTH
REASONS FOR JUDGMENT
Introduction 1 Bernandus Damanik, an Indonesia national who has been a permanent resident of Australia since 1990, was convicted in 1998 of possession of the drug ecstasy with intent to sell or supply it. He was sentenced to a term of imprisonment of five years, but was eligible for parole in January 2000. The Minister for Immigration and Multicultural Affairs decided in January however that he should be deported. This application for review of that decision and a related decision to deny him merits review in the Administrative Appeals Tribunal raises questions of natural justice and the proper exercise of the Minister's powers.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate