Alkizaie and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

In *Alkizaie and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)*, the Administrative Appeals Tribunal considered an application for an order of confidentiality under section 35 of the *Administrative Appeals Tribunal Act 1975* (Cth). The dispute arose when the Respondent sought to prevent the Applicant from accessing certain material before the Tribunal, invoking principles of open justice.

The primary legal issue before the Tribunal was whether to grant the Respondent's request for non-disclosure of material to the Applicant, and if so, to what extent, balancing the principle of open justice against the need for confidentiality. The Tribunal was required to determine the relevance of the material to the substantive proceedings and the appropriate orders to make under section 35(4) of the Act.

The Tribunal reasoned that the material in question was relevant to the Applicant and his representatives as it related to the substantive proceedings, particularly as it may have been before the original decision-maker. While acknowledging the Respondent's indication that it might elect not to rely on the material, the Tribunal found its potential relevance significant. The Applicant consented to the redaction of names within the material. Consequently, the Tribunal directed, pursuant to section 35(4), that specific information contained in ISCE records within documents filed by the Respondent must not be published, and must only be disclosed to the Applicant, his legal representatives, the Respondent, his legal representatives, and members and staff of the Tribunal and those performing services for the Tribunal in the course of their duties.