Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBMW v Minister for Immigration and Citizenship [2013] FCA 651 Citation: NBMW v Minister for Immigration and Citizenship [2013] FCA 651
Parties: NBMW v MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number(s): NSD 45 of 2012
Judge(s): EDMONDS J
Date of judgment: 5 July 2013
Catchwords: MIGRATION – cancellation of protection visa based solely on adverse security assessment – review of adverse security assessment by Administrative Appeals Tribunal – affirmation of adverse security assessment by Tribunal – originating application for prerogative relief against Minister quashing cancellation decision and prohibiting further proceeding – application for leave to amend originating application to include ground that Director-General of security denied applicant procedural fairness in making adverse security assessment – application to join Director-General – relevant principles and discretionary considerations arising on application for amendment and joinder.
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476A, 501, 501A Administrative Appeals Tribunal Act 1975 (Cth) ss 39A, 39B, 43, 43AAA Australian Security Intelligence Organisation Act 1979 (Cth) ss 54, 61 Federal Court Rules 2011 rr 8.21, 9.02
Cases cited: Re Caruso Australia Pty Ltd and Portec Australia Pty Ltd v Portec Australia Pty Limited and Caruso Australia Pty Ltd [1986] FCA 23 approved Kamha v Australian Prudential Regulation Authority [2007] FCA 1422 cited Kioa v West (1985) 159 CLR 550 cited Leghaei v Director-General of Security (2007) 241 ALR 141 cited Plaintiff M47/2012 v Director-General of Social Security (2012) 86 ALJR 1372 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 cited Secretary, Department of Social Security v Alvaro (1994) 50 FCR 213 cited Seymour v Migration Agents Registration Authority (2006) 95 ALD 301 cited S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 4) [2007] FCA 1035 approved Twist v Randwick Municipal Council (1976) 136 CLR 106 followed Yilmaz v Minister for Immigration and Multicultural and Indigenous Affairs (2000) 100 FCR 495 discussed Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 cited
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