Commissioner of Taxation v Genys

In the case of Husseinah Banu, Sirazul Islam, and Abdul Rahim v The Hon. Christopher Hurford, the Federal Court of Australia addressed the legality of the deportation orders issued against the applicants, who were prohibited non-citizens. The court found that the decision-maker had failed to afford the applicants procedural fairness, as required by natural justice, by not awaiting the outcome of the ministerial review of the applicants' refugee status before making the deportation orders. The court also found that the decision to make the deportation orders on a particular date, in the knowledge that this would disadvantage the applicants, was an improper exercise of the power to deport. The court quashed the deportation orders and referred the matter back to the respondent Minister for further consideration, while also noting the unique situation of the already deported Abdul Rahim.