Minister for Immigration & Ethnic Affairs v Daniele, A. [1981] FCA 247

CATCHWORDS Administrative Law ~ deportation order ~ respondent an Italian citizen convicted of manslaughter and sentenced to period of penal servitude ~ upon release of respondent a deportation order made by Minister for Immigration and Ethnic Affairs pursuant to s. 12 of Migration Act 1958 (Cth.) - Administrative Appeals Tribunal recommended revocation of order and remitted matter to

Minister for reconsideration - Minister appeals on question of law pursuant to s. 44 (i) of Administrative Appeals Tribunal Act

1975 (Cth.) - issue estoppel - purposes for which the Tribunal

is entitled to consider all evidence - whether Tribunal took

into account irrelevant considerations - whether Tribunal made findings on certain material questions of fact - whether Tribunal

treated deportation as part of punitive process Migration Act s. 12

Administrative Appeals Tribunal Act ss. 33, 44 (i) MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v.- DANIELE

NO. G2 OF 1981 CORAM: FISHER, DAVIES AND LOCKHART JJ. 17 DECEMBER 1981

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IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.2/1981

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GENERAL DIVISION

On Appeal from the Administrative Appeals Tribunal

BETWEEN :

MINISTER FOR IMMIGRATION

Appellant AND : AGAZIO DANIELE Respondent ORDER JUDGES MAKING ORDER : FISHER, J DAVIES, J LOCKHART, J DATE OF ORDER 2 17 December 1981 WHERE MADE 2 Sydney THE COURT ORDERS (1) that the appeal be allowed and that the

matter be remitted to the Administrative Appeals Tribunal for re-hearing;

(2) that leave be reserved to the parties to apply in relation to costs.

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IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G2 OF 1981

) GENERAL DIVISION )