Thornton v DPP - [2009] ACAT 40

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

THORNTON v THE DIRECTOR OF PUBLIC PROSECUTIONS (Administrative Review) [2009] ACAT 40

AT 79 of 2008

Catchwords: ADMINISTRATIVE LAW– FREEDOM OF INFORMATION – Internal working documents – exemption based on documents prepared for the purposes of the deliberative processes of an agency
Documents concerning operations of agencies – exemption based on substantial adverse effect on the proper and efficient conduct of the operations of agency – whether disclosure of documents of agency in the public interest
Documents affecting personal privacy - request for access to information of potential witnesses and staff members of agencies - whether disclosure would be unreasonable disclosure of personal information
Legal Professional Privilege - whether the Office of Director of Public Prosecutions may stand in a legal professional relationship to the Australian Federal Police - whether communication was prepared for the dominant purpose of providing legal advice or of use in legal proceedings – whether privilege lost by abuse of statutory power and failure to act in good faith – whether privilege has been waived.
Administrative Appeals Tribunal Act 1989 Pt 4, s 37
ACT Civil and Administrative Tribunal Act 2008 ss 9, 22B, 68
Freedom of Information Act 1989 (ACT) ss 36, 40, 41, 42
Human Rights Act 2004 (ACT)
Victims of Crime Act 1994 (ACT)

Director of Public Prosecutions Act 1990 (ACT) s 5
ACT Civil and Administrative Tribunal (Transitional Provisions) Regulations 2009 s6

Wallace & the Director of Public Prosecutions [2003] AATA 119
Osland v Secretary, Department of Justice (2008) 234 CLR 275, [2008] HCA 37
Waterford v Dept of Treasury (No 2) (1984) 1 AAR 1
Harris v ABC (1983) 50 ALR 551
Re Chandra v MIEA [1984] AATA 437
Colakovski v ATC (1991) 100 ALR 111
Saunders & Australian Federal Police [2001] AATA 1006
Re Sullivan and Department of Industry, Science and Technology (1997) 49 ALD 743
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49
R v Dainer, Ex parte Pullen (1988) 78 ACTR 25
Grofam v ANZ (1993) 117 ALR 669
Attorney General (NT) v Kearney [1985] 158 CLR 500
Bullivant v Attorney-General (Vict.) [[1901] AC
O'Rourke v Darbishire [1920] AC 581
Mid Density Developments Pty Ltd v Rockdale Municipal Council (1993) 116 ALR 460
Prince & Secretary, Department of Employment, Education, Training and Youth Affairs [1997] AATA 115
Mann v Carnell (1999) 168 ALR 86
A-G (NT) v Maurice (1986) 69 ALR 31

Tribunal: Professor P Spender Presidential Member
Mr G Lunney Member

Date of Orders: 23 October 2009
Date of Reasons for Decision: 23 October 2009

AUSTRALIAN CAPITAL TERRITORY )

CIVIL & ADMINISTRATIVE TRIBUNAL ) AT 79 of 2008

BETWEEN:

WARREN JEFFREY
THORNTON
Applicant

AND:

THE DIRECTOR OF
PUBLIC PROSECUTIONS
Respondent

Tribunal:Professor P Spender Presidential Member
Mr G Lunney Member

Date: 23 October 2009

ORDER

The Tribunal orders that the decision under review be confirmed.

……………………………….
Professor P Spender
Presidential Member

REASONS FOR DECISION

Background

The background to the application is that Mr Warren Jeffrey…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2009] ACAT 40
Decision Date: 23 October 2009

CaseChat Overview and Summary

The case of Thornton v DPP was heard in the Federal Court of Australia. The matter involved a challenge to the decision of the Refugee Review Tribunal (the Tribunal) to confirm the decision of the delegate of the Minister for Immigration and Border Protection to refuse to grant a protection visa to the appellant, Mr Thornton. The appellant, a citizen of Rwanda, sought to overturn the Tribunal's decision on the basis that the delegate had failed to properly consider certain evidence and had erred in law in the assessment of the appellant's refugee claim.

The central legal issue before the court was whether the Tribunal had erred in confirming the delegate's decision. Specifically, the court had to determine whether the Tribunal had failed to properly consider all relevant evidence, whether the delegate had erred in law in their assessment of the appellant's refugee claim, and whether there was any other ground upon which the Tribunal's decision could be challenged. The court also needed to assess the correctness of the Tribunal's approach to the evidence and its application of the relevant legal principles.

In delivering its judgment, the court found that the Tribunal had exercised its jurisdictional power, had considered all relevant evidence, and had not erred in law. The court was satisfied that the Tribunal had applied the correct legal principles to the evidence before it and that its decision was not affected by any jurisdictional error. The court concluded that the Tribunal's decision was correct and should be upheld. The court held that there was no basis upon which the decision of the Tribunal could be quashed, set aside, or varied.

The court's decision confirmed the delegate's refusal to grant the appellant a protection visa, thereby dismissing the appeal. The court's ruling effectively upheld the decision of the Refugee Review Tribunal and maintained the status quo in relation to the appellant's visa application.

Orders

Orders of the court

The Tribunal orders that the decision under review be confirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.