Paull, David v Department of Immigration & Multicultural [1998] FCA 1347

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – migration – criminal deportation order – whether Administrative Appeals Tribunal had exercised discretionary power in accordance with policy without regard to the merits of the particular case – whether respondent estopped from issuing criminal deportation order on basis of a letter sent to the Attorney-General – whether any factual basis for estoppel made out – whether any legal basis whereby respondent might be estopped from issuing criminal deportation order – whether applicant had legitimate expectation that the respondent's representation, made in that letter, that the applicant would not be deported, would be fulfilled – whether the Tribunal failed to take into account a relevant consideration (the letter) – applicant in prison – eligible for work release – prison authorities would not let a prisoner out on work release if the subject of a criminal deportation order – applicant contended that his release on work release would be in the primary interests of his seventeen year old daughter – whether Tribunal obliged to approach matter on the basis that the daughter's interests were a primary consideration – Convention on the Rights of the Child - criminal deportation order not due to be carried out until 25 April 2000 when daughter would be over eighteen – whether any impact of the refusal of work release to the applicant was relevantly caused by the respondent's decision.

Migration Act 1958 (Cth), ss 200, 201 Administrative Appeals Tribunal Act 1975 (Cth), s 44 Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648 referred to Attorney-General (NSW) v Quin (1990) 170 CLR 1 referred to Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 applied March v Stramare (E. & M.H.) Pty Ltd (1991) 171 CLR 506 applied Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 referred to Adamou v Director-General of Social Security (1985) 3 AAR 321 referred to Ferriday v Repatriation Commission (1996) 42 ALD 526 referred to Tefonu Pty Ltd v Insurance and Superannuation Commissioner (1993) 30 ALD 455referred to Australian Fisheries Management Authority v P W Adams Pty Ltd (1995) 39 ALD 481 referred to Federal Commissioner of Taxation v Raptis (1989) 19 ALD 726 referred to Secretary, Department of Social Security v Cooper (1990) 21 ALD 155 referred to Secretary, Department of Social Security v Salvona (1989) 18 ALD 289 referred to