Applicant ABCD v Refugee Review Tribunal

FEDERAL COURT OF AUSTRALIA

Applicant ABCD v Refugee Review Tribunal [2006] FCA 908

Freedom of Information – personal information of author of a document to which access is sought – where applicant claims to know identity of author of document – where applicant also engaged in proceedings in Refugee Review Tribunal – claims that documents sought affect the question of whether that applicant has been accorded procedural fairness in the RRT proceeding

Held – no error in approach of Administrative Appeals Tribunal in its conclusion that the documents were exempt under the Freedom of Information Act.

Administrative Appeals Tribunal Act 1975 (Cth) s 44

Freedom of Information Act 1982 (Cth) ss 41 and 45

Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429

Commissioner of Police v the District Court of New South Wales and Perrin (1993) 31 NSWLR

Corrs Pavey Whiting and Byrnes v Collector of Customs (Vic) (1987) 14 FCR 434.

Kristoffersen v Department of Employment Workplace Relations and Small Business [2003] FCA 55

Re Kamminga and Australian National University (1992) 26 ALD 585

Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363

Ward v Centrelink [2005] FCA 73

APPLICANT ABCD OF 2005 v REFUGEE REVIEW TRIBUNAL
NSD 580 OF 2005

ALLSOP J
20 JULY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 580 of 2005

BETWEEN:	APPLICANT ABCD APPLICANT
AND:	REFUGEE REVIEW TRIBUNAL RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	20 JULY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.
2. The proceeding stand over to 8 August 2006 to deal with the question of costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 580 of 2005

BETWEEN:	APPLICANT ABCD APPLICANT
AND:	REFUGEE REVIEW TRIBUNAL RESPONDENT
JUDGE:	ALLSOP J
DATE:	20 JULY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a decision of the Administrative Appeals Tribunal (the “Tribunal”) on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (the “AAT Act”). In that decision the Tribunal affirmed the decision of the Refugee Review Tribunal (the “RRT”) in which the RRT had concluded that certain documents were exempt from disclosure under ss 41 and 45 of the Freedom of Information Act 1982 (Cth) (the “FOI Act”).

2. The issue before the AAT was whether two letters sent to the RRT by a third party and three file notes of discussions between an officer of the RRT and the third party concerning the possible release of the document were exempt under either or both ss 41 and 45 of the FOI Act.

3. The Amended Notice of Appeal stated the following under parts 2 and 4 headed “Questions of Law” and “Grounds”.

   2.THE QUESTIONS OF LAW RAISED ON THE APPEAL:

   A)Whether a document contains personal information about a person for…