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

The applicant, Mr. Fatehi, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the applicant's objection to a summons issued to his treating psychologist, seeking the production of documents. The applicant claimed legal professional privilege over these documents, but his objection was refused, and the respondent was granted full access. The matter was heard by SM A Poljak.

The primary legal issue before the Court was whether the communications between the applicant and his treating psychologist were protected by legal professional privilege, thereby precluding their production and inspection by the respondent. This involved determining the purpose for which the psychologist was engaged and the nature of the communications in the context of the immigration proceedings.

SM A Poljak reasoned that for legal professional privilege to apply, the communications must have been made for the dominant purpose of giving or receiving legal advice. The Court found that the psychologist's role was primarily therapeutic and that the communications did not meet the threshold for legal professional privilege. Consequently, the applicant's objection to the summons was refused, and the respondent was granted full access to the documents.