Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sagar v O'Sullivan [2011] FCA 182 Citation: Sagar v O'Sullivan [2011] FCA 182
Parties: MOHAMMED YUSSEF SAGAR and MUHAMMAD FAISAL v PAUL O'SULLIVAN SUED IN HIS CAPACITY AS DIRECTOR-GENERAL OF SECURITY
File number: VID 188 of 2006
Judge: TRACEY J
Date of judgment: 4 March 2011
Catchwords: ADMINISTRATIVE LAW – adverse security assessments – material relied upon by decision-maker subject to public interest immunity – application of procedural fairness requirements – judicial review of decision on security grounds – must necessarily be balanced against national security interests
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 6, 7, 8, 17, 20, 21, 35, 36, 37 Migration Act 1958 (Cth) s 116
Cases cited: A v Secretary of State for the Home Department [2005] 2 AC 68 cited Alister v R (1984) 154 CLR 404 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Church of Scientology Inc v Woodward (1982) 154 CLR 25 cited Gypsy Jokers Inc v Commissioner of Police (2008) 234 CLR 532 applied Haneef v Minister for Immigration and Citizenship (2007) 161 CLR 40 cited Kioa v West (1985) 159 CLR 550 applied Leghaei v Director-General of Security (2007) 241 ALR 141 distinguished Leghaei v Director-General of Security [2005] FCA 1576 distinguished Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Minister for Immigration & Citizenship v SZGUR (201) 273 ALR 233 applied Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 applied Minister for Immigration Local Government and Ethnic Affairs v Taveli (1990) 94 ALR 177 cited Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 cited Parkin v O'Sullivan (2009) 260 ALR 503 cited R v Secretary of State for Trade and Industry; Ex parte Lonrho plc [1989] 1 WLR 525 cited Re IBM Global Services Australia Ltd [2005] FCAFC 66 cited Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 cited State of Victoria v Seal Rocks Victoria (Aust) Pty Ltd (2001) 3 VR 1 cited VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 cited Friedmann W, Legal Theory (5th ed, Columbia University, 1967) Neumann F, The Rule of Law: Political Theory and the Legal System in Modern Society (Berg Press, 1986) Rawls J, A Theory of Justice (Belknap Press, 1971)
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