Federal Court of Australia
CATCHWORDS
Freedom of Information - exemption claimed in respect of
confidential document under s.45(1) of Freedom of Information Act
1982 - whether exemptions in Part IV of F.0.I Act should be read
down 1n the light of the provisions of Part V of the F.0.T Act
conferring rights to amend personal records.
JOHN THEODORE BOOTS v. DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS
No. G15 of 1986
Beaumont, J. Sydney
16 September 1986
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G15 of 1986 )
GENERAL DIVISION )
ON_APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : JOHN THEODORE BOOTS Applicant AND: DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS Respondent
MINUTES OF ORDER
Judge making order: Beaumont, J.
Date order made: 16 September 1986
Where made: Sydney
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The decision of the Administrative Appeals Tribunal be affirmed.
3. The applicant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
TN_THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G15 of 1986 )
GENERAL DIVISION )
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : JOHN THEODORE BOOTS Applicant AND: DEPARTMENT OF IMMIGRATION AND ETHNIC AFFAIRS Respondent
CORAM: Beaumont, J.
DATED: 16 September 1986
REASONS FOR JUDGMENT
The applicant migrated to Australia some years ago and
subsequently applied for, and was granted, Australian citizenship. On 6 June 1984, he made a request pursuant to
s.15(1) of the Freedom of Information Act 1982 ("the FOI Act")
for access to documents in the possession of the respondent relating to himself. A decision was made granting the applicant access to all documents that could be found with the exception of part of one document - described as paragraphs 2 and 3 of folio 7 of file No. N80/209427. Exemption was claimed by the respondent in respect of the excepted material in reliance upon s.45(1) of
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