FEDERAL COURT OF AUSTRALIA
Hussain v Minister for Foreign Affairs [2008] FCAFC128
CORRIGENDUM
SYED MUSTAPHA HUSSAIN v MINISTER FOR FOREIGN AFFAIRS and DIRECTOR-GENERAL OF SECURITY
VID 1168 OF 2007
WEINBERG, BENNETT AND EDMONDS JJ
15 JULY 2008 (CORRIGENDUM 18 JULY 2008)
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 1168 OF 2007 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY THE PRESIDENT THE HON JUSTICE DOWNES, DEPUTY PRESIDENT FORGIE AND MEMBER PERTON |
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BETWEEN: |
SYED MUSTAPHA HUSSAIN Applicant
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AND: |
MINISTER FOR FOREIGN AFFAIRS First Respondent
DIRECTOR-GENERAL OF SECURITY Second Respondent
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JUDGES: |
WEINBERG, BENNETT AND EDMONDS JJ |
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DATE: |
15 JULY 2008 |
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PLACE: |
MELBOURNE |
CORRIGENDUM
This is a corrigendum to the judgment handed down on 15 July 2008 by Weinberg, Bennett and Edmonds JJ.
1 Par [45] delete the words “as it ought to have been”. The para now reads
“45. Section 46(1) mandates that the Tribunal shall send to this Court all documents that were before it, irrespective of the requirements of s 39B(3). As intimated to Mr Burnside during the course of argument, had this Court been provided with the closed material, the applicant would have been in a position to press ground 2.4 rather than abandoning it.”
2 Par [46] delete the whole paragraph and replace with the following:
“46. The failure of the applicant’s legal representatives to inquire whether the Tribunal had sent all documents that were before it to this Court in connection with this proceeding, pursuant to s 46(1), and to arrange for that material to be put before us, has led to ground 2.4 being abandoned.”
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justices Weinberg, Bennett and Edmonds. |
Associate:
Dated: 18 July 2008
