Bengescu, G. v. Minister for Immigration & Ethnic Affairs [1994] FCA 889

JUDGMENT No. 2.020 7 AY

'2 Senesoncnssoocres, enetcosesces

CATCHWORDS IMMIGRATION - review of criminal deportation order by Administrative Appeals Tribunal - misunderstanding by Tribunal of quantity of heroin involved in offence - whether Tribunal took into account applicant was drug user - relevance of Ministerial policy Migration Act 1958, s 55 Administrative Appeals Tribunal Act 1975, s 44

No. NG 27 of 1994

GHEORGHE BENGESCU v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

MOORE J

SYDNEY RECEIVED

23 NOVEMBER 1994 24 NOV 1994 FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN_THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GE DIVISION BETWEEN: AND: JUDGE; Moore J PLACE: Sydney DATE: 23 November 1994

er ee ee ee ee

No. NG 27 of 1994

GHEORGHE BENGESCU

Applicant

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

ORDER OF THE COURT

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The applicant pay the respondent's costs of the

appeal.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 27 of 1994 ) )

GENERAL DIVISION

BETWEEN: GHEORGHE BENGESCU Applicant AND: MINISTER FOR IMMIGRATION

AND ETHNIC AFFAIRS

Respondent

JUDGE: Moore J PLACE: sydney DATE: 23 November 1994

REASONS FOR JUDGMENT

This is an appeal, so styled, under s44 of the Administrative Appeals Tribunal Act 1975 ("AAT Act") against a decision of the Administrative Appeals Tribunal ("the Tribunal"). The decision, made on 17 January 1994, was to affirm an order of 14 May 1993 of a delegate of the Minister for Immigration and Ethnic Affairs ("the Minister") to deport

Mr Gheorghe Bengescu ("the applicant").

Legislation

Section 55 of the Migration Act 1958 authorises the Minister to deport a person who has been convicted of a