Collins, B.A. v. Minister for Immigration & Ethnic Affairs [1981] FCA 162

CATCHWORDS

Immigration - deportation - question whether weight is to be given to the fact of the Minister's decision as distinct from

reasons for it - relevance of government policy.

Appeal - Administrative Appeals Tribunal - weight of evidence

in Tribunal

Migration Act, 1973(Cth) s.13(a)

Administrative Appeals Tribunal Act 1975 (Cth) s.37(1),

s.44(1)

Brett Anthony Collins v. Minister for Immigration and Ethnic Affairs

N.S.W. No. G6 of 1981

Coram: Fox, Deane and Morling JJ.

1 October, 1981

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) NO. No. G6 of 1981 ) GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BRETT ANTHONY COLLINS

Appellant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent ORDER JUDGES MAKING ORDER: Fox, Deane and Morling JJ. DATE OF ORDER: 1 October, 1981 WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. THE decision of the Administrative Appeals Tribunal affirming the order of the Minister for Immigration and Ethnic Affairs to deport

Brett Anthony Collins be set aside.

2. THE matter be remitted to the Administrative

Appeals Tribunal to be heard and decided again.

3.

THE respondent pay the applicant's costs of

this appeal.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G6 of 1981

) GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BRETT ANTHONY COLLINS

Appellant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent CORAM: Fox, Deane and Morling Jd. 1 October, 1981. REASONS FOR JUDGMENT THE COURT: 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") that the appellant be deported from Australia.

The appeal is brought pursuant to s.44(1) of the

Administrative Appeals Tribunal Act, 1975 (Com) ("the Act")