Baldini v Minister for Immigration & Multicultural Affairs [2000] FCA 173

FEDERAL COURT OF AUSTRALIA

Baldini v Minister for Immigration & Multicultural Affairs [2000] FCA 173

DEPORTATION - appeal against the Administrative Appeal Tribunal's decision to deport the applicant to Italy - reviewable error - error of law and error of fact - when error of law does not invalidate Administrative Appeals Tribunal decision - Australia's Criminal Deportation Policy (No 9) - whether existence of a parental relationship between the applicant and child necessary before primary consideration in par 6(b) need be considered Migration Act 1958 (Cth), ss 200 and 499 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Rokobatini v Minister for Immigration and Multicultural Affairs (1999) 30 AAR 74 at 77; [1999] FCA 1238 referred to Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 referred to Hui v Minister for Immigration and Multicultural Affairs [1999] FCA 985 followed Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 discussed Tien v Minister for Immigration and Multicultural Affairs (1998) 53 ALD 32 referred to Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Collins v Minister for Immigration and Ethnic Affairs (1981) 58 FLR 407 referred to Bisley Investment Corporation Ltd v Australian Broadcasting Tribunal (1982) 59 FLR 132 referred to Casarotto v Australian Postal Commission (1989) 86 ALR 399 referred to

General Direction No 9, described as "Australia's Criminal Deportation Policy" EDUARDO BALDINI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q 201 OF 1999 DRUMMOND J 25 FEBRUARY 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 201 OF 1999