Secretary, Department of Prime Minister and Cabinet v Haneef [2010] FCA 928

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Prime Minister and Cabinet v Haneef [2010] FCA 928 Citation: Secretary, Department of Prime Minister and Cabinet v Haneef [2010] FCA 928

Appeal from: Mohamed Haneef and Secretary, Department of Prime Minister and Cabinet [2009] AATA 777

Parties: SECRETARY, DEPARTMENT OF PRIME MINISTER AND CABINET v MOHAMED HANEEF SECRETARY, DEPARTMENT OF PRIME MINISTER AND CABINET v ADMINISTRATIVE APPEALS TRIBUNAL AND MOHAMED HANEEF

File numbers: QUD 265 of 2009 QUD 300 of 2009

Judge: DOWSETT J

Date of judgment: 27 August 2010

Catchwords: ADMINISTRATIVE LAW – freedom of information request – whether Administrative Appeals Tribunal ("AAT") properly considered evidence before it – whether Tribunal fell into error of law ADMINISTRATIVE LAW – where AAT invited to reconsider aspects of its original decision on the basis that it did not refer to particular evidence – whether tribunal functus officio – whether AAT had properly exercised its jurisdiction

Legislation: Freedom of Information Act 1982 (Cth)s 33 Administrative Appeals Tribunal Act 1975 (Cth)ss 43, 44 Judiciary Act 1903 (Cth)s 39B

Cases cited: Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597discussed Willcox v Federal Commissioner of Taxation (1988) 79 ALR 267 followed

Date of hearing: 22 February 2010

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 26

In matter QUD 265 of 2009

Counsel for the Appellant: Dr J Renwick

Solicitor for the Appellant: Australian Government Solicitor