Shi v Minister for Immigration and Citizenship [2012] FCA 533

FEDERAL COURT OF AUSTRALIA

Shi v Minister for Immigration and Citizenship [2012] FCA 533 Citation: Shi v Minister for Immigration and Citizenship [2012] FCA 533

Appeal from: Shi v Minister for Immigration and Citizenship [2012] AATA 21

Parties: ZIPEI SHI v MINISTER FOR IMMIGRATION & CITIZENSHIP AND ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 197 of 2012

Judge: JACOBSON J

Date of judgment: 28 MAY 2012

Corrigendum: 22 June 2012

Catchwords: MIGRATION – Direction No 41 made by Minister under s 499 of the Migration Act 1958 (Cth) – construction and application – unacceptable risk of serious harm – length of stay prior to engaging in criminal conduct – level of education

Legislation: Migration Act 1958 (Cth), ss 499, 501

Cases cited: Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Rosson v Minister for Immigration and Citizenship (2011) 191 FCR 390

Date of hearing: 10 May 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 65

Counsel for the Applicant: R Francois

Solicitor for the Applicant: Clayton Utz

Solicitor for the Respondent: Mr Killalae of KTG Lawyers

FEDERAL COURT OF AUSTRALIA

Shi v Minister for Immigration and Citizenship [2012] FCA 533 CORRIGENDUM TO HEADING PAGES 1 The Second Respondent identified in the heading pages was incorrectly identified as the Refugee Review Tribunal. This has been changed to Administrative Appeals Tribunal. I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the heading pages for the Reasons for Judgment herein of the Honourable Justice Jacobson.