Wan v Minister for Immigration & Multicultural Affairs [2000] FCA 1822

Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal Affirming Refusal of a General Residence Visa / Federal Court Appeal From the Administrative Appeals Tribunal

Legal Issues

1. 1 ['Whether the Tribunal erred in applying the general direction under s 499 of the Migration Act 1958 (Cth) when deciding that Mr Wan was not of good character.' "Whether the Tribunal erred in finding that Mr Wan's actions against David Zhao were part of organised criminal behaviour." "Whether the Tribunal failed to treat the best interests of Mr Wan's children as a primary consideration or denied procedural fairness under the principle in Teoh." 'Whether the Tribunal failed to comply with s 43(2b) of the Administrative Appeals Tribunal Act 1975 (Cth) by not making adequate findings and references to evidence.']

Ratio Decidendi

The Tribunal made no error of law. Its statement that the sentences for the various offences exceeded a total of 12 months was accurate and it did not purport to apply the direction as though the first point concerning a single sentence exceeding 12 months or cumulative sentences of 24 months were satisfied. Its reference to organised criminal behaviour described the premeditated and assisted nature of Mr Wan's offences, and the conduct was capable of falling within the second point of the direction as conduct giving rise to community concerns. The Tribunal turned its mind to the best interests of the children and treated them as a primary consideration, but concluded those matters did...

Court Disposition

Appeal dismissed.

Orders

• ['The appeal be dismissed.' "The appellant pay the respondent's costs."]