O’Sullivan v Parkin [2006] FCA 1654

FEDERAL COURT OF AUSTRALIA

O'Sullivan v Parkin [2006] FCA 1654

PRACTICE AND PROCEDURE – application for leave to appeal interlocutory discovery decision – documents related to adverse security assessments – visas refused because of security assessment Held – leave to appeal granted – matter of national security Federal Court of Australia Act 1976 (Cth) s 24(1A)

Parkin v O'Sullivan [2006] FCA 1413 cited Church of Scientology Inc v Woodward (1982) 154 CLR 25 considered Lloyd and Costigan (1983) 82 FLR 104 at 113-114 considered WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 at 181 considered Minister for Immigration and Multicultural and Indigenous Affairs v Wong [2002] FCAFC 327 at [30] considered Jilani v Wilhelm (2005) 148 FCR 255 at 273-274 considered PAUL O'SULLIVAN (SUED IN HIS CAPACITY AS DIRECTOR-GENERAL OF SECURITY) v THOMAS PARKIN & ORS VID 1258 OF 2006

HEEREY J

27 NOVEMBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1258 OF 2006

BETWEEN: PAUL O'SULLIVAN (SUED IN HIS CAPACITY AS DIRECTOR-GENERAL OF SECURITY)

Applicant

AND: THOMAS PARKIN

First Respondent

MOHAMMED SAGAR

Second Respondent

MUHAMMAD FAISAL

Third Respondent

JUDGE: HEEREY J DATE OF ORDER: 27 NOVEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave to appeal is granted; 2. The costs of the application to be costs in the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1258 OF 2006

BETWEEN: PAUL O'SULLIVAN (SUED IN HIS CAPACITY AS DIRECTOR-GENERAL OF SECURITY)

Applicant

AND: THOMAS PARKIN

First Respondent

Mohammed sagar

Second Respondent