Meng Kok Te v Minister for Immigration & Ethnic Affairs [1999] FCA 111
The expression 'sentenced to imprisonment for a period of not less than one year' in s 201(c) refers to the sentence as imposed by the court, not the actual period spent in custody. Therefore, a sentence of twelve months’ imprisonment with part suspended meets the statutory requirement, and the Minister had power to order deportation.
- Jurisdiction
- Australia
- Judgment Date
- 23 February 1999
- Procedural Posture
- Appeal / Judgment on Appeal From the Federal Court of Australia
- Outcome
- Appeal dismissed
- Legal Topics
- ['deportation' 'construction of Sentencing Statutes' 'partially Suspended Sentences' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From the Federal Court of Australia
Legal Issues
- 1 ["Whether a sentence of twelve months' imprisonment with part suspended is a sentence of 'imprisonment for a period of not less than one year' within s 201(c) Migration Act 1958 (Cth)" 'Whether the Minister had power to make a deportation order under s 200 on that basis']
Ratio Decidendi
The expression 'sentenced to imprisonment for a period of not less than one year' in s 201(c) refers to the sentence as imposed by the court, not the actual period spent in custody. Therefore, a sentence of twelve months’ imprisonment with part suspended meets the statutory requirement, and the Minister had power to order deportation.
Court Disposition
Appeal dismissed
Orders
- ['The appeal be dismissed.' "The appellant pay the respondent's costs."]
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