Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khazaal v Attorney-General [2020] FCA 448 File number: NSD 1418 of 2019
Judge: WIGNEY J
Date of judgment: 6 April 2020
Catchwords: ADMINISTRATIVE LAW – procedural fairness – where applicant convicted of terrorism-related offence and sentenced to imprisonment for twelve years with a non-parole period of nine years – where Attorney-General refused to make a parole order – where applicant provided with adverse comments letter which disclosed or purported to disclose the main factors or issues in a number of reports that the Attorney-General had received from relevant agencies – whether Attorney-General disclosed all credible, relevant and significant adverse information concerning the applicant and parole decision concerning him – whether applicant had opportunity to make meaningful submissions about the adverse information – application dismissed
Legislation: Crimes Act 1914 (Cth) ss 19AKA, 19AL(1), 19AL(2), 19AL(2)(a), 19AL(2)(a)(ii), 19AL(2)(b), 19ALA, 19ALA(1), 19ALA(1)(h) Criminal Code Act 1995 (Cth) Sch Criminal Code ss 101.5(1)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 Butler v Queensland Community Corrections Board [2001] QCA 323 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; FCA 1074 Duxerty v Minister for Justice and Customs (2002) 136 A Crim R 373; FCA 1518 Habib v Director-General of Security (2009) 175 FCR 411; FCAFC 48 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jaffarie v Director-General of Security (2014) 226 FCR 505; FCAFC 102 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Maman (2012) 200 FCR 30; FCAFC 13 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223; FCAFC 45 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475 Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 103 FCR 539; FCA 1113 Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1 R (King) v Secretary of State for Justice [2016] AC 384 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Snedden v Minister for Justice (2014) 230 FCR 82; [2014] FCAFC 156 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Westlake v Attorney-General [2017] FCA 1058
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