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Tabag v Minister for Immigration and Ethnic Affairs

Published online by Cambridge University Press:  24 January 2025

A L Duthie
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Type
Case Note
Information
Federal Law Review , Volume 13 , Issue 3 , September 1983 , pp. 269 - 276
Copyright
Copyright © 1983 The Australian National University

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References

1 (1983) 45 ALR 705 Federal Court of Australia, Woodward, KeelyandJenkinsonJJ.

2 S 5(1) of the Migration Act 1958 (Cth) defines an “alien” as a person who is not (a) a British subject; (b) an Irish citizen; or (c) a “protected person” as defined by the Australian Citizenship Act 1948 (Cth).

3 S 12 of the Ac,t provides that: “Where ... an, alien ... has been convicted in Australia of any ... offence for which he has been sentenced to imprisonment for one year or longer, the Minister may ... order the deportation of that alien.”

4 Administrative Appeals Tribunal Act 1975 (Cth), s 25; Migration Act 1958 (Cth), s 66E.

5 (1983) 45 ALR 705, 707-708.

6 Re Georges and Minister for Immigration and Ethnic Affairs (1978) 1 ALD 331, 339 per Fisher J.

7 Re Stone and Minister for Immigration and Ethnic Affairs (1981) 3 ALD N129, N132 per Davies J.

8 (1981) 34 ALR 639.

9 Ibid 647.

10 R v Nazari [1980] 1 WLR 1366, 1374.

11 (1982) 56 ALJR 878.

12 Ibid 883.

13 Shire of Swan Hill v Bradbury (1937) 56 CLR 746, Arthur Yates and Co Pty Ltd v Vegetable Seeds Committee (1945) 72 CLR 37, and Forbes v NSW Trotting Club Ltd (1979) 25 ALR 1 are leading examples.

14 (1982) 56 ALJR 878, 883.

15 Ibid 884.

16 Nevistic v Minister for Immigration and Ethnic Affairs (1981) 34 ALR 639, 640 per Franki J.

17 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, 589.

18 (1983) 45 ALR 705, 732.

19 Ibid.

20 Below pp 273-274.

21 Supra n 16.. Reference was also made in this context to Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620, Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, and Blackwood Hodge (Australia) Pty Ltd v Collector of Customs (NSW) (1980) 47 FLR 131.

22 (1983) 45 ALR 705, 715.

23 Ibid.

24 Ibid 727.

25 (1981) 34 ALR 639.

26 Ibid 652.

27 (1983) 45 ALR 705, 710.

28 Ibid 711.

29 Ibid 709.

30 See, in particular, Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, 590 per Bowen CJ and Deane J; Nevistic v Minister for Immigration and Ethnic Affairs (1981) 34 ALR 639, 645 per Deane J; Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620, 621.

31 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577.

32 Ibid, Bowen CJ, Smithers and Deane JJ.

33 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634; Re Jeropoulos and Minister for Immigration and Ethnic Affairs (1980) 2 ALD 891; cf Re Gungor and Minister for Immigration and Ethnic Affairs (Federal Court of Australia, 30 May 1980, unreported decision of Smithers J).

34 Kirby, M D, “Administrative Review: Beyond the Frontier Marked 'Policy—Lawyers Keep Out'” (1981) 12 FL Rev 121Google Scholar.

35 Pearce, D, “Judicial Review of Tribunal Decisions: The Need for Restraint” (1981) 12 FL Rev 167Google Scholar.

36 Ibid 181.

37 (1983) 45 ALR 705, 715.

38 Blackwood Hodge (Australia) Pty Ltd v Collector of Customs (NSW) (1980) 47 FLR 131, 145 per Fisher J.

39 It is interesting to note that the order for Tabag's deportation was subsequently revoked by the Minister for Immigration and Ethnic Affairs in the new Hawke Government, the Honourable Mr S J West. The execution of the deportation order was accordingly prevented bys 20 of the Migration Act 1958 (Cth).