KFDJ and Minister for Foreign Affairs

This matter concerned an application by KFDJ to review the Minister for Foreign Affairs' decision to cancel his Australian passport. The cancellation was based on an adverse security assessment issued by the Australian Security Intelligence Organisation (ASIO). KFDJ contended that ASIO's assessment was based on hearsay and that his circumstances had changed significantly since the assessment was made, arguing that the Tribunal should not be concerned about him holding a passport.

The Tribunal was required to determine whether the Director-General's request to cancel KFDJ's passport, made on the basis of ASIO's adverse security assessment, was properly made and met the requirements of the *Passports Act 1938* (Cth). Specifically, the Tribunal needed to consider whether the factual findings underpinning ASIO's assessment, which had been previously found to be substantially correct and justified in an earlier decision, remained relevant and supported the cancellation of the passport.

The Tribunal adopted the factual findings from a prior decision concerning the adverse security assessment, which had found KFDJ to be untruthful and to adhere to an extreme right-wing ideology promoting violence. These findings included KFDJ's involvement in racist and violent activities, association with neo-Nazi groups, and an intention to travel to the Ukraine conflict zone for combat training. The Tribunal was satisfied that the Director-General was a competent authority and that the request for cancellation was properly made. Despite KFDJ's evidence of changed personal circumstances, including full-time employment and marriage, the Tribunal found that the security implications identified in the adverse assessment remained.

The Tribunal affirmed the Minister's decision to cancel KFDJ's passport.