Kim v Attorney-General of the Commonwealth [2013] FCA 902

Kim v Attorney-General of the Commonwealth [2013] FCA 902

The Attorney-General was not required to consider matters beyond those specified by the statute when issuing certificates under ss 39A(8) and 39B(2) of the Administrative Appeals Tribunal Act 1975 (Cth), and no procedural fairness obligation existed to consult or permit the applicant's legal representatives in the absence of statutory mandate. The certificates were valid, and the application must be dismissed.

Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Judicial Review Application / Final Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
['merits Review of Adverse Security Assessment' 'issue and Validity of Security and Public Interest Certificates Under Administrative Appeals Tribunal Act 1975' 'disclosure and Procedural Fairness in Security Proceedings' "scope of Attorney General's Discretion Under Ss 39 A(8), 39 A(9), And 39 B(2)"]
['administrative Law' 'national Security Law'] ['merits Review of Adverse Security Assessment' 'issue and Validity of Security and Public Interest Certificates Under Administrative Appeals Tribunal Act 1975' 'disclosure and Procedural Fairness in Security Proceedings' "scope of Attorney General's Discretion Under Ss 39 A(8), 39 A(9), and 39 B(2)"]

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Procedural Posture

Judicial Review Application / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether certificates issued by the Attorney-General under ss 39A(8) and 39B(2) of the Administrative Appeals Tribunal Act 1975 (Cth) were invalid due to failure to consider required matters' 'Whether the Attorney-General was obligated to consider individual circumstances of applicant and legal representatives when issuing the certificates' 'Whether procedural fairness was denied by operation of the certificates']

Ratio Decidendi

The Attorney-General was not required to consider matters beyond those specified by the statute when issuing certificates under ss 39A(8) and 39B(2) of the Administrative Appeals Tribunal Act 1975 (Cth), and no procedural fairness obligation existed to consult or permit the applicant's legal representatives in the absence of statutory mandate. The certificates were valid, and the application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of and incidental to the application."]