Paull v Minister for Immigration & Multicultural Affairs [1999] FCA 260

Paull v Minister for Immigration & Multicultural Affairs [1999] FCA 260

Carr J's dismissal of the appeal was not attended by any error of law. The Tribunal's finding that Mr Paull had less than 10 years' permanent residence in Australia was not attended by any error of law, and the Tribunal was entitled to decide that the opinion in the 2 February 1993 letter was not well-founded.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Migration Appeal Concerning Deportation Under S 200 of the Migration Act 1958 (cth) / Appeal From a Decision of Carr J Dismissing an Appeal From a Decision of the Administrative Appeals Tribunal Affirming a Delegate's Deportation Decision
Outcome
The appeal was dismissed with costs.
Legal Topics
['deportation' 'permanent Residence' 'appeal on a Question of Law' 'administrative Appeals Tribunal Review']
['migration Law' 'administrative Law'] ['deportation' 'permanent Residence' 'appeal on a Question of Law' 'administrative Appeals Tribunal Review']

Case Brief

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Procedural Posture

Migration Appeal Concerning Deportation Under S 200 of the Migration Act 1958 (cth) / Appeal From a Decision of Carr J Dismissing an Appeal From a Decision of the Administrative Appeals Tribunal Affirming a Delegate's Deportation Decision

Legal Issues

  1. 1 ["Whether the Tribunal's finding that Mr Paull had less than 10 years' permanent residence in Australia was attended by an error of law." 'Whether the Court could review the merits of the deportation decision or exercise the discretion conferred on the Tribunal.' "Whether the Tribunal was entitled to treat the Department's letter dated 2 February 1993 stating that Mr Paull had been assessed as not liable for deportation as no more than an opinion that was not well-founded."]

Ratio Decidendi

Carr J's dismissal of the appeal was not attended by any error of law. The Tribunal's finding that Mr Paull had less than 10 years' permanent residence in Australia was not attended by any error of law, and the Tribunal was entitled to decide that the opinion in the 2 February 1993 letter was not well-founded.

Court Disposition

The appeal was dismissed with costs.

Orders

  • ['The appeal be dismissed' "The Appellant pay the Respondent's costs."]