Khaira v Minister for Home Affairs (No 2)

In *Khaira v Minister for Home Affairs (No 2)*, Judge Egan of the Federal Court of Australia considered an application for discovery of documents that were the subject of a claim of public interest immunity privilege. The applicant sought further discovery from the Minister for Home Affairs, who had asserted privilege over certain documents.

The central legal issue before the Court was whether, in the unusual circumstances of the case, it ought to inform itself as to the contents of the documents over which public interest immunity was claimed. This involved determining the appropriate considerations for a court when faced with such a claim and whether an examination of the documents by the court was warranted.

Judge Egan determined that it was appropriate for the Court to examine the documents to inform its decision on the discovery application. The Court ordered that the lawyers for the First Respondent (the Minister) must forthwith provide a sealed envelope containing the documents subject to the claim of public interest immunity, as detailed in a certificate issued under s 375A of the *Migration Act 1958* (Cth), to the Associate to His Honour. This would allow the Judge to inform himself of the contents of the documents. The costs of the hearings on 31 March 2021 and 1 April 2021 were reserved.