<P> Drake appealed to the Administrative Appeals Tribunal (AAT). </P> <P> The AAT was established in 1975, to conduct an independent merits review of administrative decisions made under Commonwealth laws . The AAT can' stand in the shoes of the original decision maker' and reconsider the decision using whatever information is brought before it or available to it . The High Court has long held that the separation of judicial power from legislative and executive powers was a fundamental principle of the Constitution . This had the consequence that judicial power could only be exercised by a judge appointed to a court in accordance with section 72 of the Constitution . The High Court also held that the separation of powers meant that a federal court could not validly be given non-judicial powers . </P> <P> The administrative character of the AAT means that it is not a court and not part of the Australian court hierarchy . The President of the AAT was Gerard Brennan and Daryl Davies was a Deputy President, both of whom were Federal Court judges at the time, appointments referred to as persona designata . </P> <P> Davies J in the AAT affirmed the Minister's decision . </P>

Drake v minister for immigration and ethnic affairs (1979) 2 ald 60