SBEG v Secretary, Department of Immigration and Citizenship [2012] FCA 277

FEDERAL COURT OF AUSTRALIA

SBEG v Secretary, Department of Immigration and Citizenship [2012] FCA 277 Citation: SBEG v Secretary, Department of Immigration and Citizenship [2012] FCA 277

Parties: SBEG v SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP, COMMONWEALTH OF AUSTRALIA and MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: SAD 334 of 2011

Judge: BESANKO J

Date of judgment: 23 March 2012

Catchwords: EVIDENCE – where proposed cross-examination in civil proceeding involved disclosure of basis of ASIO adverse security assessment – where public interest immunity claimed – where disclosure of relevant documents not sought – where information to be adduced oral in form – where knowledge of witness derived from briefing document of Director-General of Security – where proceeding concerns psychiatric harm caused by ongoing immigration detention of applicant – where adverse security assessment cause of ongoing detention – whether oral evidence falls within "class" of documents protected from disclosure by public interest immunity – public interest balancing exercise – Evidence Act 1995 (Cth), s 130. Held: that the public interest immunity claim be upheld and a direction made that the information not be adduced as evidence.

Legislation: Anti-People Smuggling and Other Measures Act 2010 (Cth) Australian Security Intelligence Organisation Act 1979 (Cth) s 7 Evidence Act 1995 (Cth) s 130 Migration Act 1958 (Cth) s 65 Migration Regulations 1994 Sch 2 and Sch 4