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Powell v Administrative Appeals Tribunal

Powell v Administrative Appeals Tribunal

Case [1998] FCA 1747

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AGLC: Powell v Administrative Appeals Tribunal [1998] FCA 1747
Case: [1998] FCA 1747
Decision Date: 20 NOVEMBER 1998

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Orders

Orders of the court

The Minister of Immigration and Multicultural Affairs is substituted as Second Respondent.

The decision of the Administrative Appeals Tribunal given 29 June 1998 affirming the decision of the Second Respondent to refuse the grant of Permanent Entry Visas under sub-class 103 to the Applicants be set aside.

The applications be remitted to the Tribunal differently constituted for determination according to law.

The Second Respondent to pay the Applicants’ costs of the application.

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Citations

Powell v Administrative Appeals Tribunal [1998] FCA 1747

Most Recent Citation

Minister for Immigration and Multicultural Affairs v Perth City Mission [1999] FCA 670

Cases Citing This Decision

YFNF and Minister for Immigration and Citizenship (Migration) [2025] ARTA 2058
Citation 1 (Para 37)

…t [1], above.[4] [3] Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107; Powell v The Administrative Appeals Tribunal and Anor (1998) 89 FCR 1, [12] (French J); Hamidy v Minister for Immigration and Border Protection (2019) 164 ALD 149, [31]- [32]; GWRV v Minister for Immigration, Citizenship, M…
JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168
Citation 2 (Para 1)

…Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 ( Powell ) was concerned with whether the Tribunal’s decision affirming a delegate’s decision not to grant a parent visa was a judicially-reviewable decision within the then terms of s 500(1) of the Act. Section 500(1) provided, relevantly, that: Applications may be made to the Administrat…
Fel17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
Citation 3 (Para 24)

…ister for Immigration and Ethnic Affairs (1979) 46 FLR 409. However as was pointed out in Powell v The Administrative Appeals Tribunal and Anor (1998) 89 FCR 1 at 12 (French J) the source of the AAT’s power is s 43 of the AAT Act. It does not exercise afresh the power conferred by the enactment under which the dec…
SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1055
Citation 4 (Para 4)

…bunal “does not exercise afresh the power conferred by the enactment under which the decision was made”: Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 12. Instead, “when [the Tribunal] affirms a decision or sets it aside and remits it for reconsideration, it does not exercise a power conferred by the…
Chou v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 130
Citation 5 (Para 16)

…J; Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585 at 587-589 per North J; Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 12 per French J and Madafferi v Minister for Immigration and Multicultural Affairs [2002] FCAFC 220; 118 FCR 326 at [68] per French, O’Loughlin and Whitlam JJ…
CPJ16 v Minister for Home Affairs [2020] FCA 1408
Citation 6 (Para 12)

…the applicant. (See: Powell v Administrative Appeals Tribunal (1998) 98 FCR 1 per French J at [15]). The defaults required closer analysis than the Minister appeared to give them if a finding of fact was to be made that the applicant was a person not of good character. … The applicant is now of advancing years — a…
Adekoya and Minister for Immigration and Border Protection (Migration) [2017] AATA 2028
Citation 7 (Para 7)

…ld be clearly in the interests of the Australian community to refuse entry to that person. (See: Powell v Administrative Appeals Tribunal (1998) 98 FCR 1 )…
West Tamar Council v Resource Management [2015] TASFC 12
Citation 8 (Para 3)

…t that issue, I will examine the source of the Tribunal's powers by reference to the position of the AAT. In Powell v Administrative Appeals Tribunal (1998) 89 FCR 1, French J (as he then was) had to determine whether the court had jurisdiction in respect of judicial review of a decision of the AAT, where the legi…
B & T Developments (ACT) 3 Pty Ltd & Ors v ACT Planning and Land Authority & Construction Occupations Registrar & Anor (Administrative Review) [2014] ACAT 75
Citation 9 (Para 3)

…wer conferred by s 43(1 )(a). It does not exercise afresh the power conferred by the enactment under which the decision reviewed was made. ... [1](1998) 89 FCR 1. [2] Powell v Administrative Appeals Tribunal (1998) 89 FCR 1, 12. Similar reasoning led North J in Daher v Minister for Immigration and Ethnic Affairs (…
Williams v Minister for Immigration and Border Protection [2014] FCA 674
Citation 10 (Para 7)

…. That is sufficient to attract squarely the operation of s 499(1). This approach introduces no inconsistency with the decision in Powell 89 FCR 1: it remains accurate to describe the source of the Tribunal’s decision-making power as, at least in part, s 43 of the AAT Act. Its jurisdiction, however, arises…
Martinez and Minister for Immigration and Citizenship [2009] AATA 714
Citation 11 (Para 2)

…ecision, the Tribunal exercises its powers under s 43(1) of the AAT Act to affirm the decision under review: Shi , at [100], per Hayne and Heydon JJ; Powell & Anor v Administrative Appeals Tribunal (1198) 1641 ALR 15 ( Powell ) at [26], per French J.…
Yan and Minister for Immigration and Citizenship [2007] AATA 1369
Citation 12

…ee of absence of good character is such that it would be clearly in the interests of the Australian community to refuse entry to that person. (See: Powell v Administrative Appeals Tribunal (1998) 98 FCR 1 per French J at [14]-[15]).…
Uddin v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 218
Citation 13 (Para 1)

…Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409. However, as was pointed out in Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 12 (French J) the source of the AAT’s power is s 43 of the AAT Act. It does not exercise afresh the power conferred by the enactment under which the dec…
Minister for Immigration and Multicultural and Indigenous Affairs v Godley [2005] FCAFC 10
Citation 14 (Para 6)

…elating to visa applications he had made, illuminated the true character of the applicant. (See: Powell v Administrative Appeals Tribunal (1998) 98 FCR 1 per French J at [15]). The defaults required closer analysis than the Minister appeared to give them if a finding of fact was to be made that the applicant was a…
Godley v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 774
Citation 15 (Para 8)

…ents relating to visa applications he had made, illuminated the true character of the applicant. (See: Powell v Administrative Appeals Tribunal (1998) 98 FCR 1 per French J at [15]). The defaults required closer analysis than the Minister appeared to give them if a finding of fact was to be made that the applicant…
Western Australian International Education Marketing Group (Inc) and Australian Trade Commission [2003] AATA 1267
Citation 16

…[2002] FCAFC 22, (2001) 118 FCR 326 Minister for Aboriginal Affairs v Peko- Wallesend Ltd (1986) 66 ALR 299 Powell v AAT [1998] FCA 1747, (1998-99) 89 FCR 1 Riddell v Secretary, Department of Social Security (1993) 114 ALR 340, 42 FCR 443 Lynch v Minister for Human Services and Health (1995) 39 ALD 501 Rokabatini…
Ngu v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1371
Citation 17 (Para 8)

…class of decisions under the Old Act described as “not judicially-reviewable decisions” – Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 11-12 (French J) applied in W275/01A v Minister for Immigration & Multicultural Affairs [2002] FCA 773 at [4] – [6] (RD Nicholson J) and approved by the Full Court…
Bax v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1167
Citation 18

…Tribunal Act 1975 (Cth) NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 applied Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited DAVID JOHN BAX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W544…
W275/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 773
Citation 19 (Para 4)

…er the Act and the AAT Act. This submission, however, did not find favour with French J in Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 11 – 13.…
Moengangongo and Department of Immigration and Multicultural Affairs [2001] AATA 74
Citation 20

…isa in such a case, the Minister would have regard to the want of good character and the risk of future adverse behaviour. As I said, in effect, in Powell v Administrative Appeals Tribunal (1999) 161 ALR 15, the exercise of the discretion involves, inter alia, a weighing up of the nature of the character deficiencies and their implications for t…
Re Leyden and Minister for Immigration and Multicultural Affairs [2000] AATA 551
Citation 21 (Para 6)

…of Australia as revealed through the Policy Direction. Mr Kessels also drew the attention of the Tribunal to the following passage in the decision of Powell & Anor v Administrative Appeals Tribunal & Anor (1998) FCR 1 at 15: I accept that a finding that the Powells were not of good character for the purposes of s 501(2) is open on the facts. But there is a co…
Pannasara v Minister for Immigration and Multicultural Affairs [2000] FCA 213
Citation 22 (Para 17)

…that it is necessary for a person making a judgment under s501 to consider character generally; see Powell v Administrative Appeals Tribunal (1998) 89 FCR 1 at 14.…
White v Minister for Immigration & Multicultural Affairs [1999] FCA 690
Citation 23 (Para 12)

…visa in such a case, the Minister would have regard to the want of good character and the risk of future adverse behaviour. As I said, in effect, in Powell v Administrative Appeals Tribunal (1999) 161 ALR 15, the exercise of the discretion involves, inter alia, a weighing up of the nature of the character deficiencies and their implications for…
Minister for Immigration and Multicultural Affairs v Perth City Mission [1999] FCA 670
Citation 24 (Para 2)

…has weighed the seriousness of their misconduct against mitigating factors and seems to have decided that the former outweighed the latter.” Powell v Administrative Appeals Tribunal (1998) 161 ALR 15…

Cases Cited

Statutory Material Cited

Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20
Citation 1

…Minister for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273, cited…
Daher v Minister for Immigration and Ethnic Affairs [1997] FCA 729
Citation 2

…8 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, discussed Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107, cited Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84, discussed Minister for Immigration and Ethnic Affair…
Minister for Immigration and Ethnic Affairs v Baker [1997] FCA 105
Citation 3

…ation and Ethnic Affairs (1997) 77 FCR 107, cited Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84, discussed Minister for Immigration and Ethnic Affairs v Baker (1997) 24 AAR 457, referred to…
Daher v Minister for Immigration and Ethnic Affairs [1996] FCA 1011
Citation 4

…mmigration and Ethnic Affairs (1979) 24 ALR 577, cited Szajntop v Gerber (1992) 28 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, discussed Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107, cited Irving v Minister for Immigration, Local Government and Ethni…
Irving v Minister for Immigration, Local Government and Ethnic Affairs [1996] FCA 663
Citation 5

…d Daher v Minister for Immigration and Ethnic Affairs (1997) 77 FCR 107, cited Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 139 ALR 84, discussed Minister for Immigration and Ethnic Affairs v Baker (1997) 24 AAR 457, referred to…
Can, Lu v Martin Robyn [1995] FCA 708
Citation 6

…ation (1994) 121 ALR 561, cited Federal Commissioner of Taxation v Swift (1989) 18 ALD 679, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Szajntop v Gerber (1992) 28 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, discussed Daher v Minister f…
Liedig v Commissioner of Taxation [1994] FCA 1058
Citation 7

…Liedig v Federal Commissioner of Taxation (1994) 121 ALR 561, cited Federal Commissioner of Taxation v Swift (1989) 18 ALD 679, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Szajntop v Gerber (1992) 28 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FC…
Drake v Minister for Immigration and Ethnic Affairs [1979] FCA 39
Citation 8

…Liedig v Federal Commissioner of Taxation (1994) 121 ALR 561, cited Federal Commissioner of Taxation v Swift (1989) 18 ALD 679, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Szajntop v Gerber (1992) 28 ALD 187, cited Daher v Minister for Immigration and Ethnic Affairs (1996) 70 FCR 585, discussed Daher v Minister for Im…

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