Leghaei v Director-General of Security [2007] FCAFC 56

Leghaei v Director-General of Security [2007] FCAFC 56

In view of the unchallenged evidence of the Deputy Director-General of Security and the written submissions of counsel, the Court ordered that the confidential reasons be redacted and that access to the masked portions be restricted under s 23 of the Federal Court of Australia Act 1976 (Cth); it was also appropriate to formally dismiss the appeal with costs.

Jurisdiction
Australia
Judgment Date
30 April 2007
Procedural Posture
Appeal From Single Judge Dismissing Application for Review of Decision to Furnish Adverse Security Assessment / Full Court Making Formal Orders After Confidential Reasons for Judgment and Submissions on Confidentiality
Outcome
Appeal dismissed with costs; access to masked portions of the open reasons for judgment restricted until further order.
Legal Topics
['adverse Security Assessment' 'confidential Reasons for Judgment' 'restricted Access to Masked Portions of Reasons' 'power to Make Orders Under S 23 of the Federal Court of Australia Act 1976 (cth)' 'limits of S 50 of the Federal Court of Australia Act 1976 (cth)']
['immigration & Citizenship' 'national Security' 'federal Court Procedure'] ['adverse Security Assessment' 'confidential Reasons for Judgment' 'restricted Access to Masked Portions of Reasons' 'power to Make Orders Under S 23 of the Federal Court of Australia Act 1976 (cth)' 'limits of S 50 of the Federal Court of Australia Act 1976 (cth)']

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Procedural Posture

Appeal From Single Judge Dismissing Application for Review of Decision to Furnish Adverse Security Assessment / Full Court Making Formal Orders After Confidential Reasons for Judgment and Submissions on Confidentiality

Legal Issues

  1. 1 ['Whether certain sections of the reasons for judgment should remain confidential on grounds related to national security.' 'Whether access to masked portions of the open reasons for judgment should be restricted.' 'Whether s 50 of the Federal Court of Australia Act 1976 (Cth) applies to reasons for judgment.' 'Whether s 23 of the Federal Court of Australia Act 1976 (Cth) empowers the Court to make the access restriction order.']

Ratio Decidendi

In view of the unchallenged evidence of the Deputy Director-General of Security and the written submissions of counsel, the Court ordered that the confidential reasons be redacted and that access to the masked portions be restricted under s 23 of the Federal Court of Australia Act 1976 (Cth); it was also appropriate to formally dismiss the appeal with costs.

Court Disposition

Appeal dismissed with costs; access to masked portions of the open reasons for judgment restricted until further order.

Orders

  • ['Until further order, access to the masked portions in the open reasons for judgment (outlined in full in the confidential reasons) is restricted to Judges of the Court, Mr Peter Hanks, Mr Vince Sharma and appropriately security cleared representatives of the First Respondent and officers or employees of the...