Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cao v Minister for Immigration & Multicultural Affairs [2000] FCA 1392
CAO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 44 of 2000 CARR J 29 SEPTEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 44 OF 2000
BETWEEN: TRUNG KHAC CAO
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 29 SEPTEMBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs other than any costs occasioned by the adjournment of the hearing on 26 September 2000. 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 W 44 OF 2000
BETWEEN: TRUNG KHAC CAO
Applicant
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE: 29 SEPTEMBER 2000
PLACE: PERTH
REASONS FOR JUDGMENT
introduction 1 This application, which the applicant appears to have prepared and filed without legal assistance, has been treated as both an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) of a decision of the Administrative Appeals Tribunal, given on 15 February 2000, and also as an application by way of an appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth). The Tribunal's decision was to affirm a decision of a delegate of the respondent, made on 24 June 1998, under s 200 of the Migration Act 1958 (Cth) ("the Act"), to deport the applicant. The relevant effect of s 200 (when read with s 201) in the present matter is, in summary, that because the applicant is a non-citizen who has been in Australia for less than ten years and because he has been convicted in Australia of an offence for which he has been sentenced to imprisonment for not less than one year, the respondent may deport him.
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