Musawi and Minister for Immigration and Citizenship

[2008] AATA 552

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 552

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/4048

GENERAL ADMINISTRATIVE DIVISION		)
Re		SAYED MUSAWI

Applicant

And MINISTER FOR IMMIGRATION AND CITIZENSHIP

Respondent

DECISION

Tribunal Ms Robin Hunt, Senior Member

Date26 June 2008

PlaceSydney

Decision

The Tribunal orders:

Folios 7-9 of Department file CLF2000/13384 (item 5 on the updated schedule of exempt documents filed on 4 December 2007) are exempt under subsection 37(2)(b) of the Freedom of Information Act 1982.

....................[Sgd]..........................

Ms Robin Hunt
  Senior Member

CATCHWORDS

FREEDOM OF INFORMATION – immigration documents exempt under subsection 37(2)(b) of the Freedom of Information Act 1982.

Freedom of Information Act 1982 (Cth) sub-s 37(2)(b)

ORAL DECISION AND REASONS FOR DECISION

26 June 2008 Ms Robin Hunt, Senior Member   

introduction

1.On or about 4 July 2007, Sayed Musawi lodged a request for access to documents under the Freedom ofInformation Act 1982 ("the Act"). The respondent initially refused the request but subsequently agreed to the release of most of the documents which the applicant requested.

2.In matter no. 2007/4048, on 4 January 2008, the tribunal decided, pursuant to subsections 42C(1) and 42C(2) of the Administrative Appeals Tribunal Act 1975, that the deemed decision of the respondent made on or about 8 August 2007 under section 56(1) of the Act, refusing the freedom of information request, be set aside in relation to certain documents which the respondent consented to release. The tribunal further decided that the deemed decision of the respondent be affirmed in respect to certain exempt documents in accordance with the agreement of the parties.

3.The parties have requested the tribunal to make a further order as to the status of documents described as folios 7-9 of Department file CLF2000/13384. I have considered whether these documents should be released as set out below.

consideration

4.The respondent claims that the remaining documents not released to the applicant would reveal lawful methods of investigating immigration breaches, reducing their effectiveness by allowing people to circumvent the methods. These documents contain information resulting from an investigation.

5.Having heard the parties and examined the documents in question, I have formed the view that the release of this record would reveal lawful methods of investigating immigration breaches and would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures.

6.Subsection 37(2)(b) is a legislative provision setting out the exemption of a document if its disclosure would have or would be reasonably likely to have this effect. Accordingly, I find that the documents in question, being folios 7-9 of Department file CLF2000/13384 (item 5 on the updated schedule of exempt documents filed on 4 December 2007), are exempt under subsection 37(2)(b) of the Freedom of Information Act 1982.

decision

7.The tribunal orders:

Folios 7-9 of Department file CLF2000/13384 (item 5 on the updated schedule of exempt documents filed on 4 December 2007) are exempt under subsection 37(2)(b) of the Freedom of Information Act 1982.

I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Ms Robin Hunt, Senior Member

Signed: ..........................[Sgd]..........................
  Jennifer Wong, Associate

Date/s of Hearing:  4 December 2007 & 26 June 2008
Date of Decision:  26 June 2008
Solicitor for the Applicant:         Mr F Varess, Fragomen Global
Solicitor for the Respondent:     Ms T Quinn, DLA Phillips Fox