Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSX15 v Minister for Immigration and Border Protection [2017] FCAFC 104 Appeal from: BSX15 v Minister for Immigration and Border Protection [2016] FCA 1432
File number: NSD 2220 of 2016
Judges: BARKER, ROBERTSON AND BURLEY JJ
Date of judgment: 11 July 2017
Catchwords: MIGRATION – appeal from decision to not quash an adverse security assessment issued by Director-General of Security or restrain Minister from having regard to it in making a decision affecting appellant under the Migration Act 1958 (Cth) – whether Court has jurisdiction to restrain Minister – whether decision to issue the security assessment was legally unreasonable – whether appellant was denied procedural fairness – whether Australian Security Intelligence Organisation Act 1979 (Cth) authorises the issue of a security assessment on a bare conclusion of the Director-General
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 36, 37 Migration Act 1958 (Cth)
Cases cited: Church of Scientology Inc v Woodward [1982] HCA 78; (1982) 154 CLR 25 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 Gypsy Jokers Motorcycle Club Incorporated v Commissioner of Police [2008] HCA 4; (2008) 234 CLR 532 El Ossman v Minister for Immigration and Border Protection [2017] FCA 636 Jaffarie v Director-General of Security [2014] FCAFC 102; (2014) 226 FCR 505 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Leghaei v Director-General of Security [2007] FCAFC 37; (2007) 241 ALR 141 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Plaintiff M46 of 2013 v Minister for Immigration and Border Protection & Ors [2014] FCA 90; 139 ALD 227 Plaintiff M47/2012 v Director-General of Security [2012] HCA 46; (2012) 251 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152
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