Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1426

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs

[2000] FCA 1426 CITIZENSHIP & MIGRATION – deportation order made by Minister on account of appellant's criminal offences – document signed by Minister with intention that it exclude review of deportation decision by Administrative Appeals Tribunal ("AAT") – document incomplete – whether it was open to the Minister to determine that it was in the national interest to exclude AAT review of the deportation decision – meaning of "national interest" – whether deportation decision was void for unreasonableness – whether decision to issue certificate was void for unreasonableness – effect of Minister's failure to issue a complete certificate WORDS & PHRASES – "national interest"

Migration Act 1958 (Cth) ss 200, 201, 253, 500 & 502 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 & 13 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985) 162 CLR 24 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 referred to Jia v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 556 referred to Bromley London Borough Council v Greater London Council [1983] 1 AC 768 referred to Taveli v Minister for Immigration, Local Government and Ethnic Affairs (1989) 86 ALR 435 referred to Gunner v Minister for Immigration and Multicultural Affairs [2000] FCA 200 referred to Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400 referred to KARM SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 461 of 2000 WILCOX, SPENDER and EMMETT JJ SYDNEY 13 OCTOBER 2000