Bridges v Minister for Immigration & Multicultural Affairs [2001] FCA 1647

FEDERAL COURT OF AUSTRALIA

Bridges v Minister for Immigration & Multicultural Affairs [2001] FCA 1647 MIGRATION – deportation decision – appeal on a question of law – exercise of power under s 200 of the Migration Act 1958 (Cth) – whether AAT erred in taking into account convictions for offences not themselves deportable offences under s 201 of the Migration Act 1958 (Cth). Constitution, s 51(xix) Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Migration Act 1958 (Cth), ss 200, 201, 202, 203, 204, 499, 500, 501 Migration Amendment Act 1983 (Cth), s 10 Migration Reform Act 1992 (Cth), s 14 Federal Court Rules, O 52 r 22(3) X v Commonwealth (1999) 200 CLR 177, cited. Gibson v Repatriation Commission [2000] FCA 739, cited. Re Patterson: Ex parte Taylor (2001) 182 ALR 657, cited. Minister for Immigration and Ethnic Affairs v Pochi (1980) 31 ALR 666, cited. Minister for Immigration and Multicultural Affairs v Daniele (1981) 39 ALR 649, cited. Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234, cited. Minister for Immigration and Multicultural Affairs v Gunner (1998) 84 FCR 400, distinguished. Minister for Immigration and Multicultural Affairs v Jia (2001) 178 ALR 421, considered. Ex Parte Walsh and Johnson; In re Yates (1925) 37 CLR 36, cited. O'Keefe v Calwell (1940) 77 CLR 261, cited. Haoucher v Minister for Immigration, Local Government and Ethnic Affairs (1993) 42 FCR 287, applied. Minister for Immigration and Ethnic Affairs v Pochi (1981) 149 CLR 139, cited. Minister for Immigration and Multicultural Affairs v Ali [2001] FCA 1385, applied. Degerli v Minister for Immigration and Ethnic Affairs (1981) 4 ALN N39, cited. Minister for Immigration and Affairs v Gungor (1982) 63 FLR 441, cited. Re Gunner v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 330, cited. Pochi v MacPhee (1982) 151 CLR 101, cited. General Direction 9 Australia's Criminal Deportation Policy: Criminal Deportation under Section 200 of the Migration Act 1958. RONALD HENRY BRIDGES v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 173 of 2001 SACKVILLE, KIEFEL & HELY JJ PERTH 23 NOVEMBER 2001