Plaintiff M46 of 2013 v Minister for Immigration and Border Protection [2014] FCA 90

FEDERAL COURT OF AUSTRALIA

Plaintiff M46 of 2013 v Minister for Immigration and Border Protection [2014] FCA 90 Citation: Plaintiff M46 of 2013 v Minister for Immigration and Border Protection [2014] FCA 90

Parties: PLAINTIFF M46 OF 2013 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION, OFFICER IN CHARGE, MELBOURNE IMMIGRATION TRANSIT ACCOMMODATION, SECRETARY, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION and COMMONWEALTH OF AUSTRALIA

File number: VID 793 of 2013

Judge: TRACEY J

Date of judgment: 21 February 2014

Corrigendum: 24 February 2014

Catchwords: MIGRATION – refusal of visa on character grounds – visa refused under s 501 of the Migration Act – whether Minister erred by failing to correctly apply the character test – whether Minister misconstrued s 198 of the Migration Act – whether Minister's decision to refuse applicant a visa was illogical and/or irrational – whether Minister provided adequate reasons for his decision – whether the certificate issued by Minister under s 502 of the Migration Act was valid PRACTICE AND PROCEDURE – discovery – public interest immunity – whether public interest immunity claim over assessments should be upheld

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 17, 35, 36, Part IV Federal Court of Australia Act 1976 (Cth) s 22 Migration Act 1958 (Cth) ss 5, 36, 189, 196, 198, 501, 501G, 502, 503A, Part 9 Migration Regulations 1994 (Cth)

Cases cited: AB v Minister for Immigration and Citizenship [2007] FCA 910 – cited Collector of Customs v Pozzolanic (1993) 43 FCR 280 – cited Commonwealth v Northern Land Council (1993) 176 CLR 604 – cited Conway v Rimmer [1968] AC 910 – considered Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532 – cited Howells v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 580 – cited Parkin v O'Sullivan (2009) 260 ALR 503 – applied Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 – cited Plaintiff M47/2012 v Director-General of Security (2012) 292 ALR 243 – considered Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship (2013) 304 ALR 135 – cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 – considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – cited MZYYO v Minister for Immigration and Citizenship (2013) 214 FCR 68 – applied Re Minister for Immigration and Multicultural Affairs; Ex parte Palme (2003) 216 CLR 212 – cited Sagar v O'Sullivan (2001) 193 FCR 311 – considered SBEG v Secretary, Department of Immigration and Citizenship (2012) 291 ALR 281 – considered State of Victoria v Seal Rocks Victoria (Aust) Pty Ltd (2001) 3 VR 1 – cited The Church of Scientology Inc v Woodward (1982) 154 CLR 25 – cited WAKJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1336 – cited