Craig and Secretary, Department of Foreign Affairs and Trade (Freedom of information)

The Administrative Appeals Tribunal (AAT) considered an interlocutory application by Mr. Craig for a summons to issue under section 40A of the *Administrative Appeals Tribunal Act 1975* (Cth). Mr. Craig sought the summons to compel the attendance of a witness in proceedings concerning his application for access to documents under the *Freedom of Information Act 1982* (Cth), which had been refused by the Secretary of the Department of Foreign Affairs and Trade.

The central legal issue before the Tribunal was whether the evidence of the proposed witness was relevant to the determination of Mr. Craig's freedom of information application. Specifically, the Tribunal had to assess if the witness's testimony would assist in resolving the questions of fact and law central to the review of the Department's decision to refuse access to the requested documents.

Deputy President Britten-Jones P refused the request for the summons, finding that the evidence sought from the proposed witness was not relevant to the issues before the Tribunal. The Tribunal applied the principles of relevance in administrative proceedings, requiring that evidence must have a logical connection to the matters in dispute to be admissible or compelling. As the proposed evidence did not bear upon the lawfulness of the Department's decision under the *Freedom of Information Act*, the application for the summons was dismissed.