Te, Meng Kok v Minister for Immigration & Multicultural Affairs [1998] FCA 1339

Te, Meng Kok v Minister for Immigration & Multicultural Affairs [1998] FCA 1339

The applicant is liable to deportation under s 200 as read with s 201 of the Migration Act 1958 (Cth) because he was sentenced to twelve months' imprisonment, satisfying the statutory threshold, notwithstanding the partial suspension of the sentence. The detention order was authorised by ss 253 and 254. Grounds concerning the reasonableness of the deportation order and alleged failure to consider relevant matters are not appropriate for consideration as merits review is available before the AAT.

Parties
Applicant: Meng Kok Te; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: Anor (Second Respondent)
Jurisdiction
Australia
Judgment Date
16 October 1998
Procedural Posture
Application for Judicial Review / Ex Tempore Judgment
Outcome
Application dismissed
Legal Topics
Deportation Orders Under Migration Act, Interpretation of 'sentence to Imprisonment', Judicial Review Jurisdiction, Immigration Detention Powers
Administrative Law Immigration Law Deportation Orders Under Migration Act Interpretation of 'sentence to Imprisonment' Judicial Review Jurisdiction Immigration Detention Powers

Case Brief

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Parties

Meng Kok Te

Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

Anor (Second Respondent)

Second Respondent

Procedural Posture

Application for Judicial Review / Ex Tempore Judgment

Legal Issues

  1. 1 Whether applicant is liable to deportation under s 200 as read with s 201 of the Migration Act 1958 (Cth) in light of a partly suspended sentence
  2. 2 Whether the decision to detain applicant in immigration detention was authorised by ss 253 and 254 of the Migration Act 1958 (Cth)
  3. 3 Whether the making of the deportation order was reasonable or involved failure to consider relevant matters

Ratio Decidendi

The applicant is liable to deportation under s 200 as read with s 201 of the Migration Act 1958 (Cth) because he was sentenced to twelve months' imprisonment, satisfying the statutory threshold, notwithstanding the partial suspension of the sentence. The detention order was authorised by ss 253 and 254. Grounds concerning the reasonableness of the deportation order and alleged failure to consider relevant matters are not appropriate for consideration as merits review is available before the AAT.

Court Disposition

Application dismissed

Orders

  • Application dismissed