BSX15 v Minister for Immigration and Border Protection [2016] FCA 1432

FEDERAL COURT OF AUSTRALIA

BSX15 v Minister for Immigration and Border Protection [2016] FCA 1432 File number: VID 473 of 2015

Judge: MARKOVIC J

Date of judgment: 1 December 2016

Catchwords: MIGRATION – application to quash an adverse security assessment and to restrain the Minister from having regard to it in making any decision concerning the applicant under the Migration Act 1958 (Cth) – where the classified statement of grounds upon which the adverse security assessment was made was partially protected from production by a claim for public interest immunity – whether the applicant was denied procedural fairness in the making of the adverse security assessment – whether the making of the adverse security assessment was unreasonable – whether the adverse security assessment took into account irrelevant matters and failed to take into account relevant matters.

Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) ss 4, 7, 8, 17(1)(c), 35(1), 36(1)(b), 37(2), 38 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5(1), 33(2), 36(1B), 65, 474, 476A, 477, 477A

Cases cited: BSX15 v Minister for Immigration and Border Protection [2016] FCA 230 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Jaffarie v Director-General of Security (2014) 226 FCR 505 Kioa v West (1985) 159 CLR 550 Leghaei v Director-General of Security (2007) 241 ALR 141 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Parkin v O'Sullivan (2009) 260 ALR 503 Plaintiff M46 of 2013 v Minister for Immigration and Border Protection [2014] FCA 90 Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 Sagar v O'Sullivan (2011) 193 FCR 311 SBEG v Secretary, Department of Immigration and Citizenship (2012) 291 ALR 281 SZQDZ v Minister for Immigration and Citizenship (2012) 200 FCR 207