Oates v Minister for Foreign Affairs [1999] FCA 1825

FEDERAL COURT OF AUSTRALIA

Oates v Minister for Foreign Affairs [1999] FCA 1825 ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal decision affirming decision to cancel appellant's passport – whether errors of law in Tribunal's decision – whether misconstrued s 8 of the Passports Act 1938 (Cth) – whether exercised power for ulterior or improper purposes – whether Tribunal's decision involved a fresh exercise of discretion as required by s 43 of the Administrative Appeals Tribunal Act 1975 (Cth) – where appellant is charged with serious criminal offences and the Australian government as seeking his extradition from the Republic of Poland

International Convenant on Civil and Political Rights 1966 Art 12 Administrative Appeals Tribunal Act 1975 (Cth) ss 43 & 44 Passports Act 1938 (Cth) ss 4A, 7A, 7B, 7C, 7D, 7E & 8 Robtelmes v Brenan (1906) 4 CLR 395 discussed R v Secretary of States for Home Affairs; Ex parte Duke of Chateau Thierry [1917] 1 KB 922 cited R v Superintendent of Chiswick Police Station; Ex parte Sacksteder [1918] 1 KB 578 cited Ferrando v Pearce (1918) 25 CLR 241 cited Znaty v Minister of State for Immigration (1972) 126 CLR 1 cited Barton v Commonwealth (1974) 131 CLR 477 cited Salemi v MacKellar (No 2) (1977) 137 CLR 396 cited Schlieske v Minister for Immigration and Ethnic Affairs (1988) 84 ALR 719 cited The Governor of Brixton Prison; Ex parte Soblen [1963] 2 QB 243 discussed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied O'Higgins J "Disguised Extradition: The Soblen Case" (1964) 27 Mod L Rev 521 de Smith, Woolf and Jowell Judicial Review of Administrative Action 5th ed 1995 I A Shearer Extradition and Human Rights (1994) 68 ALJ 451 ANTONY GORDON OATES v C LAMB AS THE DELEGATE OF THE MINISTER FOR FOREIGN AFFAIRS