Federal Court of Australia
NAAO v Secretary, Department of Immigration & Multicultural Affairs [2002] FCAFC 64 NAAO v Secretary, Department of Immigration & Multicultural Affairs [2002] FCA 292
NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.
FEDERAL COURT OF AUSTRALIA
NAAO v Secretary, Department of Immigration & Multicultural Affairs [2002] FCA 292
MIGRATION – application for protection visa – refusal to disclose information under s 503A of the Migration Act 1958 (Cth) – undisclosed information contained name of foreign agency which supplied protected information to the Minister – whether the name of the agency is protected information – whether conditions upon which information is supplied is protected information – whether source was a "gazetted agency" ADMINISTRATIVE LAW - freedom of information – claim for exemption pursuant to s 38 of Freedom of Information Act 1982 (Cth) based upon s 503A of Migration Act 1958 (Cth) – how established STATUTES – construction – specification by class – s 46(2) Acts Interpretation Act 1901 (Cth) WORDS AND PHRASES – "information" – "gazetted agency" – "specified"
Migration Act 1958(Cth) s 503A Freedom of Information Act 1982 (Cth) s 38 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Acts Interpretation Act 1901(Cth) s 46(2) Wu v Minister for Immigration & Multicultural Affairs [2001] FCA 89 applied TCN Channel Nine Pty Ltd v Australian Mutual Provident Society (1982) 42 ALR 496 referred to Tickner v Chapman (1995) 57 FCR 451 referred to Concord Council v Optus Networks Pty Ltd (1996) 90 LGERA 232 referred to Clyne v Cardiff (1965) 65 SR (NSW) 213 referred to APPLICANT NAAO v THE SECRETARY, DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA N 1443 of 2001 SPENDER, GYLES and CONTI JJ SYDNEY 20 MARCH 2002
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