Federal Court of Australia
+ * " CATCHWORDS Administrative Law - Deportation - Appeal from Administrative Appeals Tribunal - Whether account taken of relevant or irrelevant considerations - Compliance with requirement that
Tribunal set out its reasons and findings on material questions
of fact.
Administrative Appeals Tribunal Act 1975 - secns. 43(2B), 44.
Migration Act 1958 - secns. 12, 66E.
TEVFIK GURLEVEN v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
No. G14 of 1983
Fox, St. John and Beaumont JJ. Sydney
24 February 1984
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY No. G14 of 1983
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GENERAL DIVISTON
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
GENERAL ADMINISTRATIVE DIVISION
BETWEEN : TEVFIK GURLEYEN
Applicant AND:
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
ORDER JUDGES : Fox, St. John and Beaumont JJ. DATE OF ORDER: 24 February 1984 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The appeal be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G14 of 1983
wee ew
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION BETWEEN :
TEVE IK GURLEYEN
Applicant AND:
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: FOX, ST. JOHN and BEAUMONT JJ.
REASONS FOR JUDGMENT
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This is an appeal under s.44 of the Administrative
Appeais Tribunal Act 1975 ("the Act") from a decision of the
Administrative Appeals Tribunal in which the learned Presidential Member constituting the Tribunal confirmed an order made bv the Minister for Immigration and Ethnic Affairs under s.12 of the Migration Act 1958 for the deportation of the "appellant", or, as he should be known, having in mind that the Court 1s exercisina
original jurisdiction, the applicant.
Counsel for the applicant has taken us carefully and in some detail through the Tribunal's reasons for decision, and has criticised a number of aspects of them. It was submitted that there had been a failure to mention or discuss adequately,
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