Kim v Attorney-General of the Commonwealth [2013] FCA 902

FEDERAL COURT OF AUSTRALIA

Kim v Attorney-General of the Commonwealth [2013] FCA 902 Citation: Kim v Attorney-General of the Commonwealth [2013] FCA 902

Parties: YEON KIM v ATTORNEY-GENERAL OF THE COMMONWEALTH and ADMINISTRATIVE APPEALS TRIBUNAL

File number: ACD 74 of 2012

Judge: FOSTER J

Date of judgment: 6 September 2013

Catchwords: ADMINISTRATIVE LAW – whether certificates issued by or on behalf of the Attorney-General for the Commonwealth pursuant to s 39A(8) and s 39B(2) of the Administrative Appeals Tribunal Act 1975 (Cth) were invalid because the Attorney-General self-evidently failed to take into account a number of matters which the applicant contended were inevitably required to be taken into account when regard is had to the legislative framework of which s 39A and s 39 form part and to the subject matter, scope and purpose of that scheme in the circumstances of the present case

Legislation: Acts Interpretation Act 1901 (Cth), s 46(2) Administrative Appeals Tribunal Act 1975 (Cth), ss 19, 27AA, 35AA, 36, 38A, 39, 39A, 39B, 43, 43AAA Australian Security Intelligence Organisation Act 1979 (Cth), ss 4, 17(1)(c), 35(1), 37(1), 54, 81 Judiciary Act 1903 (Cth), s 39B

Cases cited: De L v Director-General, Department of Community Services (NSW) (1996) 187 CLR 64 cited Hussain v Minister for Foreign Affairs (2008) 169 FCR 241 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Traljesic v Attorney-General (Cth) (2006) 150 FCR 199 cited Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 cited