Federal Court of Australia
Federal Court of Australia
Director-General of Security v Plaintiff S111A/2018 [2023] FCAFC 33 Appeal from: Plaintiff S111A/2018 v Minister for Home Affairs (No 4) [2022] FCA 329
File number: VID 284 of 2022
Judgment of: WIGNEY, BROMWICH AND O'CALLAGHAN JJ
Date of judgment: 9 March 2023
Catchwords: MIGRATION – where the primary judge set aside two adverse security assessments (ASAs) of the respondent – where the respondent's visa was refused as a consequence of the ASA decisions – whether the use of information by the executive that is likely to have been obtained by torture by a third party is prohibited – whether it was a denial of procedural fairness to use such information – whether it was a denial of procedural fairness to not ask particular questions of the respondent during interview – held: appeal allowed with costs
Legislation: Acts Interpretation Act 1901 (Cth) s 33(1) Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 17(1), 35, 35(1), 37, 37(1), 37(4) Criminal Code (Cth) Div 274 Foreign Evidence Act 1994 (Cth) s 27D Migration Act 1958 (Cth) ss 195A, 36(1B) Anti-terrorism, Crime and Security Act 2001 (UK) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987)
Cases cited: A v Secretary of State for the Home Department (No 2) [2005] UKHL 71; [2006] 2 AC 221 Abebe v Commonwealth [1999] HCA 14; 197 CLR 510 Ah Toy v Registrar of Companies for the Northern Territory (1985) 10 FCR 280 CCU21 v Minister for Home Affairs [2022] FCA 28; 398 ALR 535 Commissioner for ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074; 49 FCR 576 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner (No 2) [2021] FCAFC 56 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 MYVC v Director-General of Security [2014] FCA 1447; 234 FCR 134 Shagang Shipping Co Ltd v HNA Group Co Ltd [2020] UKSC 34; [2020] 1 WLR 3549
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate