Jaffarie v Director General of Security [2014] FCAFC 102

FEDERAL COURT OF AUSTRALIA

Jaffarie v Director General of Security [2014] FCAFC 102 Citation: Jaffarie v Director General of Security [2014] FCAFC 102

Parties: SAYED AKBAR JAFFARIE v DIRECTOR GENERAL OF SECURITY and MIGRATION REVIEW TRIBUNAL

File number: NSD 2374 of 2013

Judges: FLICK, PERRAM AND WHITE JJ

Date of judgment: 18 August 2014

Catchwords: MIGRATION – people smuggling – adverse security assessment by ASIO – security assessment misconstrues what constitutes a serious threat ADMINISTRATIVE LAW – review of adverse security assessments – legitimate scope of judicial intervention –reasons provided to be read with considerable care CONSTITUTIONAL LAW – naval and military defence – immigration and aliens – external affairs – security – Australia's territorial and border integrity EVIDENCE – public interest immunity privilege – claim upheld – assessments going to national security

Legislation: Australian Constitution ss 1, 51(vi), 51(xix), 51(xxvii), 51(xxix), 61, 71 Administrative Decisions (Judicial Review) Act 1977 (Cth) Anti-People Smuggling and Other Measures Act 2010 (Cth) schs 1, 2 Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 17, 20, 35, 37 Criminal Code Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) s 20 Judiciary Act 1903 (Cth) ss 39B, 78B Migration Act 1958 (Cth) ss 13, 14, 116, 189, 196, 198, 232A, 233C, 476A, 476B, 501, 501F, 503A Migration Regulations 1994 (Cth) r 2.43 Prevention of Terrorism (Temporary Provisions) Act 1989 (UK) Explanatory Memorandum, Anti-People Smuggling and Other Measures Bill 2010 (Cth)