Lim and Secretary, Department of Home Affairs (Freedom of information)

The Administrative Appeals Tribunal considered a freedom of information dispute between Mr. Lim and the Secretary of the Department of Home Affairs. The core of the disagreement concerned an application made by Mr. Lim under the *Freedom of Information Act 1982* (Cth) for access to certain documents. The Office of the Australian Information Commissioner (OAIC) had declined to undertake a review of the Department's decision to refuse access, leading to the matter being brought before the Tribunal.

The Tribunal was tasked with determining whether the OAIC's decision not to review the Department's refusal was correct. This involved considering whether the FOI request pertained to material protected by the *Migration Act 1958* (Cth) and, if so, whether the *Freedom of Information Act 1982* (Cth) intended to override or undermine the privacy protections afforded by the *Migration Act*. A key question was whether disclosure of the requested information would constitute an unreasonable disclosure of personal information, and whether there was a public interest favouring disclosure that outweighed any public interest against it.

In its reasoning, the Tribunal affirmed that the *Freedom of Information Act 1982* (Cth) does not operate to undermine the privacy protections established by other Commonwealth legislation, such as the *Migration Act 1958* (Cth). The Tribunal found that the material sought by Mr. Lim was protected by the *Migration Act* and that its disclosure would constitute an unreasonable disclosure of personal information. Consequently, the Tribunal concluded that there was no public interest in favour of disclosure that would outweigh the significant public interest against disclosure, thereby affirming the OAIC's decision.