MYVC v Director-General of Security [2014] FCA 1447

FEDERAL COURT OF AUSTRALIA

MYVC v Director-General of Security [2014] FCA 1447 Citation: MYVC v Director-General of Security [2014] FCA 1447

Appeal from: MYVC v Director-General of Security [2014] AATA 511

Parties: MYVC v DIRECTOR-GENERAL OF SECURITY, MINISTER FOR FOREIGN AFFAIRS and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 872 of 2014

Judge: RARES J

Date of judgment: 12 December 2014

Catchwords: ADMINISTRATIVE LAW – cancellation of Australian passport under s 14(1) of Australian Passports Act 2005 (Cth) – review by Administrative Appeals Tribunal of decisions of Australian Security Intelligence Organisation to make adverse security assessment and passport refusal/cancellation request by reason of citizen's suspected involvement in people smuggling and of Minister to cancel passport – whether adverse security assessment and refusal/cancellation request ought to have been made – whether Tribunal bound by rules of procedural fairness – where applicant unaware of content of substantive allegations against him and of confidential evidence subject to Minister's certificate under s 39A(8) of Administrative Appeals Tribunal Act 1975 (Cth) – where Tribunal not bound by rules of evidence – whether Tribunal bound by or failed to apply judicial criteria for assessment of evidence – necessity to consider statutory scheme as a whole in relation to formation of security assessments and their review by Tribunal PRACTICE AND PROCEDURE – application for leave to amend notice of appeal where original notice of appeal did not raise questions of law pursuant to s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) – necessity for notice of appeal to state questions of law