Scorgie v Minister for Immigration and Citizenship [2007] FCA 2046

FEDERAL COURT OF AUSTRALIA

Scorgie v Minister for Immigration and Citizenship [2007] FCA 2046 ADMINISTRATIVE LAW — Requirements of procedural fairness — Procedural fairness does not require the disclosure to a party before an administrative tribunal of the manner in which particular material may be used — Procedural fairness does not require disclosure of the evolving process of deliberation or decision-making — VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 does not impose any general requirement upon an administrative decision maker to disclose all prior facts and knowledge, of which he may be aware by reason of his having been involved in earlier cases, where relevant to the particular matters now at issue DARREN SCORGIE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ADMINSTRATIVE APPEALS TRIBUNAL NSD1767 OF 2007

FLICK J

7 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1767 OF 2007

BETWEEN: DARREN SCORGIE

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: FLICK J DATE OF ORDER: 7 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Notice of Appeal be dismissed. 2. The Amended Application be dismissed. 3. The Applicant to pay the costs of the First Respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1767 OF 2007

BETWEEN: DARREN SCORGIE

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE: FLICK J

DATE: 7 DECEMBER 2007