Recent Cases

Director-General of Security v Plaintiff S111A/2018 [2023] FCAFC 33 (09 March 2023) (WIGNEY, BROMWICH and O’CALLAGHAN JJ)


Catchwords:


MIGRATION – where the primary judge set aside two adverse security assessments (ASAs) of the respondent – where the respondent’s visa was refused as a consequence of the ASA decisions – whether the use of information by the executive that is likely to have been obtained by torture by a third party is prohibited – whether it was a denial of procedural fairness to use such information – whether it was a denial of procedural fairness to not ask particular questions of the respondent during interview – held: appeal allowed with costs