Director General Security v Sultan, Nashmy Obed & Anor [1998] FCA 1548

FEDERAL COURT OF AUSTRALIA

IMMIGRATION ‑ Protection visa ‑ Applicant required to satisfy public interest criteria ‑ Criterion that applicant is not assessed by competent Australian authorities to be risk to national security ‑ Australian Security Intelligence Organisation assesses applicant a risk to national security ‑ Refusal of visa on ground that public interest criterion not satisfied ‑ Whether ASIO "competent Australian authorities" to assess risk to national security ‑ Power of Administrative Appeals Tribunal to review refusal. Migration Act 1958, ss 31, 36, 65(1), 202, 500(1)(c) Migration Regulations, Sch 2 cl 866.225, pic 4002 Refugees Convention, art 33(2) Australian Security Intelligence Organisation Act 1979, s 37(1)(c)

Chu v Minister for Immigration (1997) 78 FCR 314 cited Re Borovski & Weinbaum; Ex parte Salaman [1902] 2 KB 313 considered Reg v Secretary of State for the Home Department; Ex parte Santillo [1981] QB 778 considered Haj‑Ismail v Madigan (1982) 45 ALR 379 cited

DIRECTOR GENERAL SECURITY v NASHMY OBED SULTAN and MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

VG 396 of 1998

SUNDBERG J 1 DECEMBER 1998 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 396 of 1998

BETWEEN: director general security

Applicant

AND: nashmy obed sultan

First Respondent

minister for immigration and multicultural affairs

Second Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 3 DECEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The order of the Administrative Appeals Tribunal made on 11 August 1998 be set aside. 2. The matter be remitted to the Tribunal with a direction that the application made to it on 21 April 1998 be dismissed on the ground that it is frivolous or vexatious, and a direction that the confidential documents be returned to the second respondent's solicitor. 3. The first respondent pay the applicant's and second respondent's taxed costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.