Wang v Minister for Immigration & Multicultural Affairs [2002] FCA 647

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural

Affairs [2002] FCA 647

JUDICIAL REVIEW – decision by the Minister to deport a non-citizen under the Migration Act 1958 (Cth) – review of the Minister's decision by the Administrative Appeals Tribunal - whether denial of procedural fairness by the Tribunal – whether the Tribunal ought to have given the applicant the opportunity to comment on an adverse conclusion reached by the Tribunal that was material to their decision – no statement of principle.

Migration Act 1958 (Cth), ss 200, 201 Convention relating to the Status of Refugees, article 33 Kioa v West (1985) 159 CLR 550 B. Surinder Singh Kanda v Government of the Federation of Malaya [1962] AC 322 Percerep v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 483 XIANG DONG WANG v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V 859 OF 2001 NORTH J 22 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 859 OF 2001

BETWEEN: XIANG DONG WANG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 22 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. the appeal be listed for directions on a date to be fixed.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 859 OF 2001

BETWEEN: XIANG DONG WANG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: NORTH J

DATE: 22 MAY 2002

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Mr Wang appeals to this Court against the decision of the Administrative Appeals Tribunal (the Tribunal) made on 25 July 2001. The Tribunal affirmed the decision of the delegate of the Minister for Immigration and Multicultural Affairs (as he was then titled) made on 16 September 1997 to order the deportation of Mr Wang.