HFNB; Secretary, Department of Immigration and Border Protection and (Freedom of information)

The Administrative Appeals Tribunal (AAT) considered the application of HFNB for access to documents under the *Freedom of Information Act 1982* (Cth) concerning a decision made by the Secretary, Department of Immigration and Border Protection. HFNB sought access to documents related to a decision that had been made about them.

The Tribunal was required to determine whether certain documents, which the Department had refused to release, were exempt from disclosure under the *Freedom of Information Act 1982* (Cth). Specifically, the Tribunal had to consider the application of the public interest test in relation to the exemptions claimed by the Department.

The Tribunal applied the principles of the *Freedom of Information Act 1982* (Cth), including the objects of the Act which favour disclosure. It considered the specific exemptions claimed by the Department and weighed the public interest in disclosure against the public interest in maintaining the exemptions. The Tribunal found that the public interest favoured disclosure of the documents in question, notwithstanding the exemptions claimed by the Department.

The Tribunal set aside the decision of the Department and remitted the matter to the Department with a direction to grant HFNB access to the documents.