Nevistic, Ratimir v Minister for Immigration and Ethnic Affairs [1981] FCA 40

CATCHWORODS

Administrative Law - Appeal from Administrative Appeals

Tribunal - Whether appeal on question of law.

Administrative Appeals Tribunal Act 1975 (Cth.) s.44 Migration Act 1958 (Cth.) s.12.

RATIMIR NEVISTIC v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

No. G.4 of 1981.

Coram: Franki, Deane and Lockhart JJ.

16 April 1981.

SYDNEY.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. G. 4 of 1981.

) GENERAL DIVISION )

BETWEEN: RATIMIR NEVISTIC Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS.

Respondent.

ORDER JUDGES MAKING ORDER: Frank1i, Deane and Lockhart JJ. DATE OF ORDER: 16 April 1981.

WHERE MADE: SYDNEY.

THE COURT ORDERS THAT:

1. The appeal is dismissed.

IN THE FEDERAL COURT OF AUSTRALIA)

NEW SOUTH WALES DISTRICT REGISTRY} No. G.4 of 1981 GENERAL DIVISION )

BETWEEN: RATIMIR NEVISTIC

Applicant

AND: MINISTER FOR IMMIGRATION AND FTHNIC AFFAIRS

Respondent

CORAM: FRANKI, DEANE AND LOCKHART JJ.

16 APRIL 1981.

REASONS FOR JUDGMENT.

Franki J.

A deportation order pursuant to the powers in s.12 of the Migration Act 1958 ("the Act") was made by the Minister of State for Immigration and Ethnic Affairs ordering that the

applicant, Ratimir Nevistic, be deported from Australia.

The applicant applied to the Administrative Appeals Tribunal for a review of that order. The President of the Administrative Appeals Tribunal affirmed the decision of the

Minister.

The applicant appealed to this Court under s.44 of the

Administrative Appeals Tribunal Act 1975. That section provides

for an appeal "on a question of law". It is important to note that there is no appeal to this Court on any other basis than on

a question of law.

The specific questions of law raised were the followina:

"1. That His Honour erred in law in giving to Government policy a priority, or a

paramountcy over other relevant considerations.