Imad v Director-General of Security [2024] FCAFC 138

Federal Court of Australia Imad v Director-General of Security [2024] FCAFC 138 Appeal from:

File number: VID 1034 of 2024 VID 501 of 2024

Judgment of: BROMWICH, THAWLEY AND SHARIFF JJ

Date of judgment: 30 October 2024

Catchwords: PRACTICE AND PROCEDURE – public interest immunity – where primary judge upheld the Director-General of Security's claim of public interest immunity over documents relating to adverse security assessment (ASA) against applicant – whether primary judge erred in upholding public interest immunity claim – whether primary judge erred in not reviewing documents subject to claim – Court's power to review documents subject to public interest immunity claims – HELD: Court reviewed the documents – leave to appeal granted; appeal dismissed MIGRATION – judicial review application of ASA made by the Director-General for the purposes of a decision by the Minister for Immigration, Citizenship and Multicultural Services not to revoke the cancellation of the applicant's visa under s 134C(3) of the Migration Act 1958 (Cth) – where the applicant's visa had been cancelled under s 134B of the Migration Act – content of the Director-General's duty to afford the applicant procedural fairness in conducting the s 134C ASA – where applicant had been located in Gaza, an active conflict zone at the relevant time – where the applicant was not afforded an opportunity to be heard on the ASA – whether the Director-General had a duty to notify the applicant or his family of the s 134B cancellation – whether the Director-General had a duty to conduct interview with the applicant remotely – whether the Director-General had a duty to invite the applicant for an interview in the Australian Embassy in Cairo – where evidence that the applicant could not safely be interviewed in Gaza – HELD: application dismissed – the Director-General did not breach the implied duty to afford the applicant procedural fairness