Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 1221

FEDERAL COURT OF AUSTRALIA

Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 1221 ADMINISTRATIVE LAW – Freedom of information – Appeals against decisions of Administrative Appeals Tribunal upholding claims for exemption from disclosure of certain documents – Documents containing confidential information received from a foreign government – Whether decision maker was required to consider the accuracy of statements made in the documents and/or the motive of the person or persons who instigated the intergovernment communication – Whether it is appropriate to apply the equitable principles concerning breach of confidence – Documents containing communications between officers of Australian Federal Police – Whether the Tribunal erred in law in holding that disclosure might have a substantial adverse effect on the conduct of the agency's operations and there was no public interest in disclosure.

Freedom of Information Act 1982, ss33(1)(b) and 40. JOSEPH GERSTEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N795 of 1999 And JOSEPH GERSTEN v AUSTRALIAN FEDERAL POLICE N1392 of 1999 WILCOX J SYDNEY 22 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY N795 of 1999

BETWEEN: JOSEPH GERSTEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 22 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant, Joseph Gersten, pay the costs of the respondent, Minister for Immigration and Multicultural Affairs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY N1392 of 1999