Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 509

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 509

MIGRATION – applicant convicted and sentenced in respect of serious and violent crime – decision of Minister to deport applicant – Administrative Appeals Tribunal affirmed Minister's decision – application for judicial review of Tribunal's decision – whether Tribunal failed to take into account relevant considerations – whether Tribunal considered whether applicant posed unacceptable risk to community – whether Tribunal adequately considered applicant's remorse – whether Tribunal adequately considered applicant's relationship with mother

Judiciary Act 1903 (Cth) s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1) Migration Act 1958 (Cth) ss 200, 201, 499(1), 499(2A), 502

Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 at [79] referred to Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 referred to VTAG v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 447 referred to VAN NGHIA TRAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V924 of 2003 WEINBERG J 29 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V924 OF 2003

BETWEEN: VAN NGHIA TRAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 29 APRIL 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V924 OF 2003