Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 490

FEDERAL COURT OF AUSTRALIA

Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 490

ADMINISTRATIVE LAW – issue arising at first instance before AAT as to access to government documents – claims of privilege from production on grounds related to public interest sensitivity – recommendation for reference to Full Court for authoritative determination

Administrative Appeals Tribunal Act 1975 (Cth) ss 36(1)(a) and 36A(1) and (2) WONG TAI SHING v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 274 OF 2006 CONTI J 5 MAY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 274 OF 2006

BETWEEN: WONG TAI SHING

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 5 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The interlocutory proceedings for determination of the viability of the respondents' claim to public interest immunity advanced pursuant to the Attorney General's certificate bearing date 10 April 2005 be referred to the Full Court for hearing and determination pursuant to s 25(6) of the Federal Court of Australia Act 1976. 2. Costs of the present proceedings to date be reserved. 3. The parties provide draft directions for consideration by the primary judge at least in the first instance as to the scope of the reference and as to the documentary material to be placed before the Full Court, and for the provision of submissions to the Full Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA