Powell, John Dyson & Anor v Administrative Appeals Tribunal & Anor [1998] FCA 1747

FEDERAL COURT OF AUSTRALIA IMMIGRATION - refusal of grant of permanent entry visas – application to Administrative Appeals Tribunal to review decision – affirmation of decision by Administrative Appeals Tribunal – application for review of Tribunal's decision under Administrative Decisions (Judicial Review) Act 1977 (Cth) and Migration Act 1958 (Cth) – jurisdiction of the Federal Court – nature of decision made by Administrative Appeals Tribunal – whether decision under Administrative Appeals Tribunal Act 1975 (Cth) or under Migration Act – whether judicially reviewable decision under Migration Act – not judicially reviewable decision under Migration Act – jurisdiction available under Administrative Decisions (Judicial Review) Act and under Administrative Appeals Tribunal Act – good character – previous criminal conduct and general conduct – nature of good character factors required for assessment of good character – error of law in failing to address question of good character – error of law in weighing seriousness of misconduct against mitigating factors – decision of Tribunal set aside – application remitted to Tribunal for reconsideration according to law. Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 65 and 501 Administrative Appeals Tribunal Act 1975 (Cth) Judiciary Act 1903 (Cth) s 44 Minister for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273, cited Otter Goldmines Limited v Australian Securities Commission and Others (1997) 25 ASCR 382, cited Liedig v Federal Commissioner of Taxation (1994) 121 ALR 561, cited Federal Commissioner of Taxation v Swift (1989) 18 ALD 679, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Szajntop v Gerber (1992) 28 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, discussed Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107, cited Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84, discussed Minister for Immigration and Ethnic Affairs v Baker (1997) 24 AAR 457, referred to