Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Habib v Director-General of Security [2009] FCAFC 48
ADMINISTRATIVE LAW – natural justice – whether Tribunal obliged to disclose adverse inferences drawn from giving of false evidence by the applicant and his wife – whether part of Tribunal's reasoning process – whether a critical issue or factor – whether obviously open on known material – whether inferences sufficiently raised in exchange between Tribunal and respondents Administrative Appeals Tribunal Act 1975 (Cth) s 33 Australian Passports Act 2005 (Cth) s 14 Australian Security Intelligence Organisation Act 1979 (Cth) Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied Edwards v The Queen (1993) 178 CLR 193 referred to Lidono Pty Ltd v Commissioner of Taxation (2002) 191 ALR 328 distinguished Re Refugee Tribunal & Anor; Ex parte Aala (2000) 204 CLR 82 applied SCAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 301 distinguished Stead v State Government Insurance Commission (1986) 161 CLR 141 applied VBAU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1288 distinguished MAMDOUH HABIB v DIRECTOR-GENERAL OF SECURITY
NSD 2303 of 2007
MAMDOUH HABIB v MINISTER FOR FOREIGN AFFAIRS AND TRADE
NSD 1039 of 2008
BLACK CJ, RYAN AND LANDER JJ
24 APRIL 2009
MELBOURNE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2303 of 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY JUSTICE DOWNES, PRESIDENT, MS N BELL, SENIOR MEMBER and MS R HUNT, SENIOR MEMBER
BETWEEN: MAMDOUH HABIB
Applicant
AND: DIRECTOR-GENERAL OF SECURITY
Respondent
JUDGES: BLACK CJ, RYAN AND LANDER JJ
DATE OF ORDER: 24 APRIL 2009
WHERE MADE: MELBOURNE (HEARD IN SYDNEY)
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