Alqudsi v The Commonwealth of Australia; Alqudsi v The Queen

The applicants, Alqudsi and Alqudsi, sought judicial review of decisions made by the Commonwealth of Australia and the Director-General of Security, and also appealed against convictions and sentences imposed by the Supreme Court of New South Wales. The core of the dispute involved allegations of involvement in terrorism-related activities, leading to the issuance of a control order under the *Terrorism Operations Act 2005* (Cth) and subsequent criminal charges. The matter was heard by the Full Federal Court of Australia.

The primary legal issues before the Full Federal Court concerned the validity of the control order and the admissibility of certain evidence in the criminal proceedings. Specifically, the court had to determine whether the Director-General of Security had properly exercised their powers in issuing the control order, and whether the evidence obtained as a result of that order, or in connection with the investigation leading to it, was admissible in the criminal trial. This included questions about the scope of judicial review of administrative decisions and the rules of evidence concerning illegally or improperly obtained material.

The court's reasoning focused on the interpretation of the *Terrorism Operations Act 2005* and the principles governing the admissibility of evidence. It was held that the Director-General's decision to issue the control order was made in accordance with the statutory requirements. Furthermore, the court applied established principles regarding the admissibility of evidence, considering whether the probative value of the evidence outweighed any potential prejudice to the accused, and whether the evidence had been obtained in a manner that would render its admission unfair. The court ultimately found no error in the decisions under review or the convictions and sentences imposed.