Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Le v Minister for Immigration & Multicultural Affairs [2000] FCA 1202
MIGRATION AND CITIZENSHIP – Deportation – review of AAT decision affirming deportation order – whether Tribunal failed to make material findings – whether Tribunal applied Ministerial direction – hardship – seriousness of offence – abhorrent conduct. Migration Act 1958 (Cth), s 200, 201 and 499 Administrative Appeals Tribunal Act 1975 (Cth)
Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845,applied. Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583, considered. Bustescu v Minister for Immigration and Multicultural Affairs (1999) 57 ALD 161. HUI LE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 327 OF 2000 BEAUMONT, NORTH, GYLES JJ SYDNEY 29 AUGUST 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 327 OF 2000
BETWEEN: HUI LE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT, NORTH, GYLES JJ
DATE OF ORDER: 29 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The applicant is to pay the respondent's cost of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 327 OF 2000
BETWEEN: HUI LE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BEAUMONT, NORTH, GYLES JJ
DATE: 29 AUGUST 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT: 1 This is an appeal on a question of law from a decision of the Administrative Appeals Tribunal (the Tribunal) made by the President on 13 March 2000. The Tribunal affirmed the decision of the delegate of the Minister for Immigration and Multicultural Affairs (the Minister) made pursuant to s 200 of the Migration Act 1958 (Cth) (the Migration Act) to deport Mr Hui Le, the applicant, from Australia. 2 The applicant was born in Vietnam on 14 January 1970 and arrived in Australia on 13 July 1988. Relevantly for the purposes of this appeal, the applicant was sentenced to periods of imprisonment exceeding one year in relation to offences which occurred on 19 February 1990 and 7 September 1997.
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