Drake v Minister for Immigration and Ethnic Affairs

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CHINO AND

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Bdministrative Law - Appeal from Administrative Appeals" Tribunal - Deportation order ~ Competency of Deputy President tc constitute Tribunal - Functions of Tribunal administrative - Meaning of "alien" under the Migration Act - Meaning of "sentenced to imprisonment for one year or longer" - Importance to be attached

by Tribunal to policy of Minister.

Migration Act 1958, ss.5 and 12; Administrative >, Appeals Tribunal Act 1975, ss.25(4), 26(2) and 44 and Part XXII of

Schedule; Criminal Law (Conditional Release of Offenders)

Ordinance 1971 (N.T.), s.5(1).

DANIEL DWIGHT DRAKE v. THE MINISTER FOR IMMIGRATION AND ETHNIC APPAL RS

TN THE FEDERAL COURT OP AUSTRALIA)

- NEW SOUTH WALES DISTRICT REGISTRY) No. G152 of 1978 ) . GENERAL DIVISION ) _ BETWEEN:

DANIEL DWIGHT DRAKE

Plaintiff

AND:

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Defendant ORDER JUDGES MAKING ORDER: Bowen C.J., Smithers and Deane JJ. DATE OF ORDER: 3 May 1979. WHERE MADE: Sydney.

THE COURT ORDERS THAT:

IN THE PEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G152 of 1978 ) GENERAL DIVISION )

BETWEEN:

DANIEL DWIGHT DRAKE

Plaintiff

AND:

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Defendant

Coren: Bowen C.J. Smithers J. Deane J.

3 May 1979.

REASONS FOR JUDGMENT

BOWEN C.J. and DEANS J.: This is an appeal from a decision

of the Administrative Appeals Tribunal affirming a decision of the Minister of State for Immigration and Ethnic Affairs ("the Minister") made on 21 April 1978 under s.12 of.the

Migration Act. 1958 that the plaintif£, Daniel Dwight Drake,

be deported from Australia. In accordence with the provisions

Amn ate Medhanat Ark IG7R (fP4ha Ret") the Pribunal was

~)-

The appeal to this Court is pursuant to s.44 of the Act and is, by.the express provisions of that section, limited to an appeal on a question of law. The proceedings are not an appeal in the strict sense in that they lie within the original jurisdiction of the Court. It is, however, convenient to adopt the nomenclature of the Act and to refer to them as an appeal.