Rokobatini v Minister for Immigration & Multicultural Affairs [1999] FCA 1238

FEDERAL COURT OF AUSTRALIA

Rokobatini v Minister for Immigration & Multicultural Affairs

[1999] FCA 1238 ADMINISTRATIVE LAW – Administrative Appeals Tribunal – review of deportation order – Tribunal guided by superseded government policy – failure to apply new policy direction that was binding upon Tribunal – whether error of law affected Tribunal's decision MIGRATION – general policy direction by Minister as to exercise of deportation power –whether "given" to Tribunal – whether exercise of power "in accordance with" direction

Migration Act 1958, ss 200, 201, 499 Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998, Schedule 1, Item 31

Aboriginal Legal Service Ltd v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 69 FCR 565, cited Attorney-General for British Columbia v Parklane Private Hospital (1974) 47 DLR (3d) 57, cited Australian Sugar Producers' Association Ltd v Australian Workers' Union (1917) 23 CLR 58, cited Beard v South Australia (1991) 57 SASR 65, cited Bisley Investment Corporation v ABT (1982) 59 FLR 132, cited Bowen v Georgetown University Hospital 488 US 204 (1988), cited Broadcasting Co of Australia Pty Ltd v The Commonwealth (1935) 52 CLR 52, cited Charlton v Members of the Teachers Tribunal [1981] VR 831, cited Commonwealth Banking Corp v Percival (1988) 20 FCR 176, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, applied Hui v Minister for Immigration and Multicultural Affairs [1999] FCA 985 (Carr J; unreported; 21 July 1999), cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, cited Sendall v Federal Commissioner of Land Tax; Crace v Federal Commissioner of Land Tax (1911) 12 CLR 653, cited

EPINISA TIKO ROKOBATINI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS