Salameh, Imad v Minister for Immigration & Multicultural Affairs [1997] FCA 657

FEDERAL COURT OF AUSTRALIA

Administrative law - natural justice - whether the rules of natural justice were breached where the decision-maker allegedly failed to warn that it would rely on certain factual and evidentiary matters in reaching its findings - opportunity to present case - evaluating procedural fairness in the light of all the circumstances. Immigration - deportation - risk of recidivism where applicant had a long criminal history. Treaties - status in domestic law - meaning of "a primary consideration" - balance of considerations - requirement that where a decision-maker proposes to make a decision inconsistent with the legitimate expectation that an application would be dealt with in accordance with the Convention, then the person affected must be afforded procedural fairness. UN Convention on the Rights of the Child - Article 3 Migration Act 1958, ss 200-1 Administrative Appeals Tribunal Act s 23B, s 39 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 - distinguished Kunz v FCT (1996) 41 ALD 533 - distinguished Amrit Lal Narain v Parnell (1986) 9 FCR 479 - distinguished Dobbie v The Secretary, Department of Social Security (1995) ASSC ¶92-137 - distinguished R v Secretary of State for the Home Department, Ex parte: Venables [1997] 3 WLR 23 - considered Patel v The Minister for Immigration [1997] 1 NZLR 252 - considered

Vaitaiki v the Minister for Immigration and Ethnic Affairs, Beaumont J, 20 June 1997 - applied

IMAD SALAMEH v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

NG 889 of 1995

JUDGE: BEAUMONT

PLACE: SYDNEY

DATED: 23 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 889 of 1995 ) GENERAL DIVISION )

BETWEEN: IMAD SALAMEH