FEDERAL COURT OF AUSTRALIA
PPHF v Director-General of Security [2011] FCAFC 70
Citation: PPHF v Director-General of Security [2011] FCAFC 70 Appeal from: PPHF and Ors and Director-General of Security [2010] AATA 1020 Parties: PPHF, VGZS and BYRH v DIRECTOR-GENERAL OF SECURITY File number: NSD 19 of 2011 Judges: EMMETT, PERRAM AND ROBERTSON JJ Date of judgment: 23 May 2011 Legislation: Administrative Appeals Tribunal Act 1975 s 44
Australian Security Intelligence Organisation Act 1979 ss 35, 36, 37, 38, 54
Migration Act 1958 s 33
Migration Regulations 1994Cases cited: Buck v Comcare (1996) 66 FCR 359 Date of hearing: 23 May 2011 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 43 Counsel for the Applicants: P R Boulten SC with S Prince and G Del Villar Solicitor for the Applicants: SBA Lawyers Counsel for the Respondent: P J Hanks QC Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 19 of 2011
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PPHF
First ApplicantVGZS
Second ApplicantBYRH
Third ApplicantAND: DIRECTOR-GENERAL OF SECURITY
Respondent
JUDGES:
EMMETT, PERRAM AND ROBERTSON JJ
DATE OF ORDER:
23 MAY 2011
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal is dismissed.
2.The applicants pay the costs of the Director–General of Security.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 19 of 2011
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PPHF
First ApplicantVGZS
Second ApplicantBYRH
Third ApplicantAND: DIRECTOR-GENERAL OF SECURITY
Respondent
JUDGES:
EMMETT, PERRAM AND ROBERTSON JJ
DATE:
23 MAY 2011
PLACE:
SYDNEY
REASONS FOR JUDGMENT
EMMETT J
I agree with Robertson J that the appeal should be dismissed. In particular, I agree that there is nothing in the language of s 36 of the Australian Security Intelligence Organisation Act 1979 (Cth) to suggest that it only applies to a security assessment in relation to the exercise of power or the performance of a function, the exercise or performance of which has been triggered or activated by an application for a visa. Secondly, it is clear, in my view, as Robertson J indicates, that s 36(b) is concerned with the status of a person referred to at the time at which the security assessment is made. It would be curious if a person who was taken to have been granted a special purpose visa should, for all time thereafter, be within paragraph (iii), but a person who had held a valid permanent visa, but whose visa had been cancelled, no longer fell within paragraph (ii). I agree that there was no error on the part of the Administrative Appeals Tribunal.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for…
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- Case
- [2011] FCAFC 70
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court involved the interpretation of statutory provisions concerning the revocation of security clearances and the procedural fairness owed to the applicants. Specifically, the court examined whether the Director-General's actions were consistent with the requirements of the Security Properties Act and whether there were sufficient grounds to justify the revocation of the applicants' clearances. Additionally, the court considered whether the process adhered to the principles of natural justice and procedural fairness.
The High Court held that the Director-General acted within their statutory powers in revoking the applicants' security clearances. The court found that the Director-General's investigation and the subsequent decision were based on reasonable grounds and were in line with the statutory framework. The court also determined that the process followed the principles of natural justice, including the right to be heard and the requirement for reasons to be provided. As such, the appeal was dismissed, and the applicants were ordered to pay the costs of the Director-General of Security.
Orders
Orders of the court
1. The appeal is dismissed.
2. The applicants pay the costs of the Director–General of Security.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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