Morales, Monica Del Carmen Lillo v Minister for Immigration & Multicultural Affairs [1998] FCA 334

FEDERAL COURT OF AUSTRALIA MIGRATION - AAT - Appeal to the Full Federal Court - Error of law - whether s 501 of the Migration Act does not apply to the applicant - whether of good character - whether AAT erred in holding applicant to be a person who was not of good character- whether AAT erred in holding mere association with person or organisation justified finding that a person is not of good character - whether destabilisation of the Australian community would result if admitted - whether AAT erred in its considerations of the childrens' situation. ADMINISTRATIVE LAW - AAT- meaning and effect of order by trial judge remitting the matter to AAT after appeal - whether issue estoppel principles apply to decisions of AAT - whether the AAT has a discretion to adhere to an earlier decision without further evidence- whether AAT failed to exercise discretion as to whether it should hear further evidence. Administrative Appeals Tribunal Act 1975 (Cth) s 44(4) Migration Act 1958 (Cth), ss 501(1), (2) and (3) Federal Court of Australia Act (1976) s 20 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506, applied Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194, applied Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422, applied Re Renata and Minister for Immigration ad Ethnic Affairs (1994) 33 ALD 307, cited Minister for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Minister for Immigration and Ethnic Affairs v Gungor (1982) 63 FLR 441, applied Director-General of Social Services and Health v Hangan (1982) 70 FLR 212, applied Repatriation Commission v Nation (1995) 57 FCR 25, cited Commonwealth of Australia v Sciacca (1988) 17 FCR 476 cited, Re Quinn and Australian Postal Corporation (1992) 15 AAR 519, distinguished Comcare Australia v Grimes (1994) 121 ALR 485, cited Blackman v Commissioner of Taxation (1993) 43 FCR 449, cited Baker v Minister for Immigration and Ethnic Affairs (1997) 73 FCR 187, applied Midland Metals Overseas Limited v Comptroller-General of Customs (1991) 30 FCR 87, cited Wiest v Director of Public Prosecutions (1988) 23 FCR 477, cited The Administration of the Territory of Papua New Guinea v Daera Guba (1973) 130 CLR 353, cited Matusko and Australian Postal Corporation (1994) 21 AAR 9, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Mr Timothy McEvoy, Res Judicata, Issue Estoppel and the Commonwealth Administrative Appeals Tribunal: A Square Peg into a Round Hole? (1996) 4 AJAL 37 Mr Alan Hall, Res Judicata and The Administrative Appeals Tribunal (1994-5) 2 AJAL 22 MONICA DEL CARMEN LILLO MORALES v THE MINSTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 703 OF 1996 Black CJ, Burchett and Tamberlin JJ Sydney 6 April 1998