Fard v Secretary, Department of Immigration and Border Protection [2016] FCAFC 155

FEDERAL COURT OF AUSTRALIA

Fard v Secretary, Department of Immigration and Border Protection [2016] FCAFC 155 Appeal from: Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 417

File number: ACD 39 of 2016

Judges: COLLIER, KATZMANN AND FARRELL JJ

Date of judgment: 15 November 2016

Catchwords: ADMINISTRATIVE LAW – decision of the Administrative Appeals Tribunal (the Tribunal) – application under s 48 Freedom of Information Act 1982 (Cth) (the FOI Act) – appellant sought to have personal records held by the Department of Immigration and Border Protection (the Department) amended – appellant claimed records incorrectly recorded a person as appellant's son – Tribunal summarily dismissed appellant's application for review of her FOI application as no reasonable prospects of success – appellant lodged application for review of decision of Tribunal in the Federal Court on the basis that she was denied procedural fairness – information about the meaning of visa codes K4551 and K4552 – primary Judge dismissed appellant's application to review decision of Tribunal as no procedural unfairness – whether decision of primary Judge was "unjust and unfair" – whether Department failed to comply with directions of Tribunal to provide appellant with information about the relevant visa codes – whether Tribunal failed to address Department's non-compliance with directions of Tribunal – meaning of visa codes K4551 and K4552 – appellant claimed visa codes related to gender of visa recipient – appeal dismissed COSTS – security for costs previously paid into Court – whether costs should be awarded in lump-sum amount or taxed – s 37M Federal Court of Australia Act 1976 (Cth) – lump sum awarded in amount paid by appellant as security