Dezfouli and Australian Federal Police (Freedom of information)

This matter concerned an application to the Administrative Appeals Tribunal for review of a decision made by the Australian Federal Police (AFP) regarding a Freedom of Information (FOI) request. The applicant, Saeed Dezfouli, sought access to documents relating to any investigation, gathering, surveillance, or other AFP function in which he was named. The AFP initially identified 31 documents, releasing eight in full and redacting 23. Following an internal review and subsequent variations during the Information Commissioner's review, the AFP's decision ultimately related to 137 documents, with 40 released in full, 68 in part, and two refused entirely.

The Tribunal was required to determine two primary issues. Firstly, whether the AFP had taken all reasonable steps to locate documents within the scope of the applicant's request, as required by section 24A of the FOI Act. The applicant contended that additional documents, including those referenced in released material, faxes from 2006, and records pertaining to the CIA, had not been identified. Secondly, the Tribunal had to consider the applicant's objections to the release of certain information, which the AFP claimed was exempt under various provisions of the FOI Act, including those relating to national security, lawful methods of investigation, legal professional privilege, intergovernmental relations, efficient agency operations, and personal privacy.

Regarding the first issue, the Tribunal found it difficult to identify any further steps the AFP could have reasonably taken to locate documents within the scope of the request. The reasons for the Tribunal's decision on the second issue, concerning the application of exemptions, were contained in a confidential annexure. After considering the evidence presented by the AFP, the Tribunal was satisfied that the reviewable decision should be affirmed.

Consequently, the Tribunal affirmed the reviewable decision made by the AFP in relation to the applicant's FOI request.