CPJ15 v Minister for Immigration and Anor (No.2)

In the Federal Court of Australia, CPJ15, a non-citizen, brought proceedings against the Minister for Immigration and Border Protection and the Australian Security Intelligence Organisation (ASIO). The dispute concerned the lawfulness of ASIO's decision to refuse to provide CPJ15 with a copy of a security assessment that had been provided to the Minister, which had adverse consequences for CPJ15's immigration status. CPJ15 sought access to this assessment under the *Freedom of Information Act 1982* (Cth) (FOI Act).

The primary legal issue before the Court was whether ASIO was entitled to refuse access to the security assessment on the grounds that it was an "exempt document" under section 38 of the FOI Act. This section exempts documents furnished to ASIO by a foreign country or agency, or documents prepared by ASIO for the purpose of its functions under the *Australian Security Intelligence Organisation Act 1979* (Cth) (ASIO Act), from disclosure under the FOI Act. CPJ15 argued that the assessment was not covered by this exemption.

Judge Riley reasoned that the security assessment was prepared by ASIO for the purpose of its functions under the ASIO Act, specifically in relation to advising the Minister on security matters concerning CPJ15. Therefore, the document fell within the scope of section 38(1)(b) of the FOI Act. The Court applied the principles of statutory interpretation, finding that the plain language of section 38(1)(b) clearly encompassed the document in question. The Court also considered the purpose of the FOI Act and the ASIO Act, concluding that the exemption was intended to protect sensitive security information and that disclosure of the assessment would undermine ASIO's ability to perform its functions effectively.

The Court accordingly dismissed CPJ15's application for access to the security assessment.