Kwok v Minister for Immigration and Multicultural Affairs [2001] FCA 1444

FEDERAL COURT OF AUSTRALIA

Kwok v Minister for Immigration and Multicultural Affairs [2001] FCA 1444 MIGRATION – FREEDOM OF INFORMATION – appeal from a decision of the Administration Appeals Tribunal – application for a protection visa rejected – applicant sought access under the Freedom of Information Act 1982 (Cth) to documents obtained by the Department of Immigration and Multicultural Affairs concerning the applicant – access to the documents denied under s 503A of the Migration Act 1958 (Cth) as "protected information" – definition of "information" within the meaning of s 503A – whether the name of the agency which provided the information and the request by that agency for confidentiality is "information" – whether documents can be relevant to the exercise of a power to refuse or cancel a visa on character grounds – "information" in s 503A should be given its ordinary and natural meaning and should not be construed narrowly, having regard to the objective of the provision

WORDS & PHRASES – "information", "protected information" Freedom of Information Act 1982 (Cth) ss 38, 55 Migration Act 1958 (Cth) s 503A Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Act 1998 (Cth) Twist v Randwick Municipal Council (1976) 136 CLR 106 referred to FAI Insurances Ltd v Winneke (1982) 151 CLR 342 referred to Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 considered Wu v Minister for Immigration and Multicultural Affairs [2001] FCA 89 applied YIN FONG KWOK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1344 OF 2001 N 1345 OF 2001 TAMBERLIN J SYDNEY 16 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1344 OF 2001

N 1345 OF 2001

BETWEEN: YIN FONG KWOK