Naisauvou v Minister for Immigration & Multicultural Affairs [1999] FCA 86

FEDERAL COURT OF AUSTRALIA

Naisauvou v Minister for Immigration & Multicultural Affairs [1999] FCA 86 MIGRATION - criminal deportation - whether applicant denied procedural fairness at hearing of Administrative Appeals Tribunal - Tribunal allowed police officers to execute a warrant for the applicant's arrest before the conclusion of the Tribunal hearing - applicant represented by his uncle who was not legally trained - whether arrest during hearing denied the applicant a reasonable opportunity to present his case - whether the arrest might have constituted a contempt of the Tribunal - whether comments made by the Tribunal gave rise to a reasonable apprehension of bias. Administrative Appeals Tribunal Act 1975 (Cth) ss 32, 39, 44, 63(d) Migration Act 1958 (Cth) s 200

Re Pochi v Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482, cited Dang v Minister for Immigration and Multicultural Affairs [1999] FCA 38, cited

VALAMI NAISAUVOU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 1071 of 1998 MOORE J 12 FEBRUARY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1071 OF 1998

BETWEEN: VALAMI NAISAUVOU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: MOORE J

DATE OF ORDER: 12 FEBRUARY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal is set aside 2. The matter is remitted to the Tribunal for further consideration according to law 3. The respondent pay the applicant's costs. 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 NG 1071 OF 1998

BETWEEN: VALAMI NAISAUVOU

Applicant