FEDERAL COURT OF AUSTRALIA
Islam v Minister for Immigration and Citizenship [2009] FCA 1526
CORRIGENDUM
MIZANUL RAHMAN ISLAM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
ACD 13 of 2009
FINN J
18 DECEMBER 2009 (corrigendum 22 january 2010)
ADELAIDE (HEARD IN CANBERRA)
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IN THE FEDERAL COURT OF AUSTRALIA |
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AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY |
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GENERAL DIVISION |
ACD 13 of 2009 |
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MIZANUL RAHMAN ISLAM Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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JUDGE: |
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DATE OF ORDER: |
18 DECEMBER 2009 |
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WHERE MADE: |
ADELAIDE (HEARD IN CANBERRA) |
CORRIGENDUM
1. On page 3 of the Reasons for Judgment, delete paragraph 12 and replace with the following:
Section 12(G)(2) of the AFP Act relevantly stated:
If:
(a) the application is for a warrant authorising officials to use a listening device in relation to a particular person; and
(b) the Judge or nominated AAT member is satisfied, by information on oath:
(i) that the person has committed, or is suspecting on reasonable grounds of having committed, or of being likely to commit, a class 1 general offence or a class 2 general offence; and
(ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to the person would be likely to assist members in, or in relation to, inquiries that are being made in relation to the commission, or likely commission, of the offence by the person; and
(iii) that, having regard to the matters mentioned in sub-section (6), some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6)(a); and
(iv) if the offence is a class 2 general offence – that, having regard to the matters mentioned in sub-section (7) and no other matters, such a warrant should be issued;
the Judge or nominated AAT member may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by, to, or in the presence of, the person.
2. On page 17 of the Reasons for Judgment delete the appearances section for the First Respondent and insert the following:
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Counsel for the First Respondent: |
Mr P Gray with Ms P Knowles |
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Solicitor for the First Respondent: |
Clayton Utz |
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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 herein of the Honourable Justice Finn. |
Associate:
Dated: 22 January 2010
