Nguyen v Minister for Immigration & Multicultural Affairs [2001] FCA 887

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Immigration & Multicultural Affairs [2001] FCA 887 MIGRATION – appeal on a question of law from the Administrative Appeals Tribunal ("AAT") – deportation decision – Direction binding on AAT under s 499(2A) of the Migration Act 1958 (Cth) – whether AAT failed to comply with General Direction–Criminal Deportation No 9 – whether application of Convention on the Status of Refugees "raised" before the AAT. MIGRATION – decision by Minister to detain applicant under s 253(1) of the Migration Act 1958 (Cth) on expiration of his custodial sentence under State law – whether s 253(1) excludes the rules of natural justice – whether applicant afforded natural justice prior to making of the decision. PROCEDURE – application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) to review detention decision – application out of time – whether extension of time should be granted. Administrative Appeals Tribunal Act 1975 (Cth),ss 43(1), 44(1), 44(2A). Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(a), 11(1)(c), 11(3). Migration Act 1958 (Cth), ss 5(1), 36(1), 200, 201, 253, 254, 499. Migration Amendment Act (No 2) 1992 (Cth), s 22AA. Migration Regulations 1989, rr 101, 106, 138. Convention on the Status of Refugees, Articles 1A(2), 1C, 33. General Direction – Criminal Deportation No 9. Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583, cited. Luu v Renevier (1989) 91 ALR 39, cited. Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, cited. A v Minister for Immigration and Multicultural Affairs [1999] FCA 227, cited. Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273, cited. Tuiletufuga v Minister for Immigration and Multicultural Affairs (1998) FCR 389, cited. Dang v Minister for Immigration and Multicultural Affairs (1999) 93 FCR 28, cited. Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, cited. Annetts v McCann (1990) 170 CLR 596, cited. Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 179 ALR 238, applied. Kioa v West (1985) 159 CLR 550, applied. Barrett v Howard (2000) 170 ALR 629, applied. Lisafa Holdings Pty Ltd v Commissioner of Police (1988) 15 NSWLR 1, cited. Twist v Randwick Municipal Council (1976) 136 CLR 106, cited. VAN NGOC NGUYEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 834 of 2000 SACKVILLE J SYDNEY 11 JULY 2001