Guisepie Spagnolo v The Minister for Immigraton & Ethnic Affairs [1980] FCA 162

epee nme ee

eee me we

aS SS

ake

bl eee nowt lt Rete F

A ne

Meme Semi Siena om canna wk nn ee et te wee ee == =o leased

eB

IN THE FEDERAL COURT OF AUSTRALIA )

oS ) SOUTH AUSTRALIA DISTRICT REGISTRY } S.A, No, G19 of 1980

GENERAL DIVISION

Neer er.

ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: GUISEPPE SPAGNOLO Appellant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent ORDER JUDGES: Northrop, Deane, McGregor JJ, DATE: 16 October 1980 WHERE MADE: Adelaide

THE COURT ORDERS THAT: 1, The appeal be dismissed, 2. The decision of the Administrative Appeals Tribunal of 19 August 1980 be affirmed, 3, The applicant pay to the respondent the costs of the

appeal,

ac ancient cn Ge Re CLES SOC OLA A TI RN mt me

IN THE FEDERAL COURT OF AUSTRALIA )

) SOUTH AUSTRALIA DISTRICT REGISTRY } S.A. No, G19 of 1980

) . GENERAL DIVISION )

ON_APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

GUISEPPE SPAGNOLO Appellant and

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent

NORTHROP, DEANE, McGREGOR JJ. FX_TEMPORE JUDGMENT 16 OCTOBFR 1980.

+ NORTHROP J:

On 20 February 1979 officers of the drug squad entered upon land near Murray Bridge, then being purchased by Guiseppe Spagnolo, hereinafter called the applicant, and being used by him for market garden purposes. They discovered 1500 Indian hemp plants growing in glass houses erected on that land. They found also a .22 calibre rifle and several Indian hemp plants lying on a bed inside a storage shed erected on that land. Later that day an officer of the drug squad arrested the applicant outside a house at Mile End and thereafter on searching the applicant's car found an automatic Pistol wrapped in a rug in the boot of the car and a tan containing @ried Indian hemp and cigarette papers on the dashboard of the car. Later the officer searched the applicant's house where he found a fully automatic pistol, a magazine and a box of bullets all wrapped in a rag and hidden in a lounge chair.