CKY19 v Minister for Immigration

This matter came before Judge Street of the Federal Circuit Court of Australia concerning an application to set aside a subpoena. The applicant sought to set aside the subpoena, which had been issued to the Minister for Immigration, on the grounds that the documents sought were not relevant to the amended application.

The central legal issue was whether the documents sought by the subpoena, specifically those detailed in paragraphs 2(a) to (f), were relevant to the applicant's amended application. The applicant argued that these documents were necessary to ascertain the nature of searches conducted and the timing of the Secretary's decision regarding the provision of documents under section 473CB of the *Migration Act 1958* (Cth).

Judge Street reasoned that the applicant's stated purpose for seeking the documents did not establish their relevance to the grounds of the amended application. The court found that the applicant already possessed a document that could potentially support an argument of materiality, which might lead to a breach or jurisdictional error. However, the information sought in paragraphs 2(a) to (f) was characterised as a "fishing expedition" and was not considered relevant on its face to the identified grounds of the application. Consequently, the court ordered that paragraphs 2(a) to (f) of the subpoena to produce be set aside.