El-Debel v Secretary, Department of Immigration and Border Protection

This case involves the applicant, Mr El-Debel, a senior Commonwealth Public Servant, who brought a proceeding against the Secretary of the Department of Immigration and Border Protection and the Commonwealth. Mr El-Debel sought to set aside three suspension decisions made against him and to challenge a new process for investigating allegations of misconduct. He also brought a claim under the Fair Work Act 2009 (Cth) for adverse action. The legal issues before the court included whether the applicant had been denied procedural fairness in the suspension decisions and whether he was justified in continuing the proceeding after 20 December 2013.

The court examined the procedural fairness of the suspension decisions and found that the applicant had been justified in commencing the proceeding and continuing it up until 19 December 2013. The court held that the respondents failed to adequately address all of the applicant’s claims prior to the commencement of the proceeding and in the period up until 19 December 2013. The court also found that the applicant was justified in continuing to press for the final relief he claimed throughout the period up until 19 December 2013. The court did not find that the applicant acted unreasonably in maintaining the proceeding after 20 December 2013, given the change in the respondents' position.

The court granted the applicant leave to discontinue the proceeding as sought. The court held that the respondents should not recover their costs for the period up to and including 19 December 2013, and the applicant was entitled to his costs for that period. The court also found that the applicant was not liable to pay the respondents' costs for the period after 19 December 2013. The court adjourned the proceeding for further directions to 7 February 2014.