Minister for Immigration & Multicultural Affairs v Ali [2000] FCA 1385

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Ali [2000] FCA 1385 ADMINISTRATIVE LAW – deportation – review of decision to deport pursuant to power under s 200 Migration Act 1958 (Cth) ("the Act") – policy directions under s 499 of the Act – risk posed by respondent to the Australian community – whether Administrative Appeals Tribunal could go behind the facts upon which respondent previously convicted – policy considerations against administrative decisions being based on findings inconsistent with criminal convictions – whether distinction between convictions which enliven power to make deportation orders and those which do not ESTOPPEL – issue estoppel – whether issue estoppel best understood as a rule of evidence – whether Administrative Appeals Tribunal bound by issue estoppel Migration Act 1958 (Cth) s 200 Minister for Immigration & Multicultural Affairs v SRT (1999) 91 FCR 234, applied General Medical Council v Spackman [1943] AC 627, applied Minister for Immigration & Ethnic Affairs v Daniele (1981) 61 FLR 354, applied Minister for Immigration & Ethnic Affairs v Gungor (1982) 63 FLR 441, applied Ridley v Secretary, Department of Social Security (1993) 42 FCR 276, considered Saffron v Commissioner of Taxation (1991) 30 FCR 578, discussed Degerli v Minister for Immigration & Ethnic Affairs (1981) 4 ALN N39, cited Hollington v Hewthorn & Co Ltd [1943] KB 587, distinguished Hunter v Chief Constable of West Midlands Police [1982] AC 529, cited Wiest v Director of Public Prosecutions (1988) 23 FCR 472 (FC), cited Ramsay v Pigram (1968) 118 CLR 271, cited Minh v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 304, cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24, cited Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409, cited Kuswardana v Minister for Immigration & Ethnic Affairs (1981) 54 FLR 334, cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SHANE ALI N 60 of 2000 BRANSON J SYDNEY 29 SEPTEMBER 2000