Booth v Biber [2021] FCA 871

Booth v Biber [2021] FCA 871

The Court was satisfied, on the balance of probabilities, that the respondent had provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country, and that the proposed obligations, prohibitions and restrictions in the interim control order were reasonably necessary and appropriate for the purposes specified in s 104.4(1)(d) of the Criminal Code. An interim control order should therefore be made.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Application for Interim Control Order / Interim Order Hearing
Outcome
Interim control order made
Legal Topics
['interim Control Order' 'terrorism' 'hostile Activity in Foreign Country' 'criminal Code Act 1995 (cth)' 'control Orders']
['criminal Law'] ['interim Control Order' 'terrorism' 'hostile Activity in Foreign Country' 'criminal Code Act 1995 (cth)' 'control Orders']

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Procedural Posture

Application for Interim Control Order / Interim Order Hearing

Legal Issues

  1. 1 ['Whether interim control order should be made under s 104.4 of the Criminal Code Act 1995 (Cth)' 'Whether requirements of s 104.4(1) are satisfied for imposing obligations, prohibitions and restrictions on respondent']

Ratio Decidendi

The Court was satisfied, on the balance of probabilities, that the respondent had provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country, and that the proposed obligations, prohibitions and restrictions in the interim control order were reasonably necessary and appropriate for the purposes specified in s 104.4(1)(d) of the Criminal Code. An interim control order should therefore be made.

Court Disposition

Interim control order made

Orders

  • ['The Court makes an interim control order under s 104.4 of the Criminal Code Act 1995 (Cth) in relation to Mehmet Biber, with specified grounds and terms.' 'Non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) regarding certain address and dates of birth.' 'Proceeding listed for...