Applicant ABCD v Refugee Review Tribunal [2006] FCA 908

FEDERAL COURT OF AUSTRALIA

Applicant ABCD v Refugee Review Tribunal [2006] FCA 908 Freedom of Information – personal information of author of a document to which access is sought – where applicant claims to know identity of author of document – where applicant also engaged in proceedings in Refugee Review Tribunal – claims that documents sought affect the question of whether that applicant has been accorded procedural fairness in the RRT proceeding Held – no error in approach of Administrative Appeals Tribunal in its conclusion that the documents were exempt under the Freedom of Information Act.

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Freedom of Information Act 1982 (Cth) ss 41 and 45 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Commissioner of Police v the District Court of New South Wales and Perrin (1993) 31 NSWLR Corrs Pavey Whiting and Byrnes v Collector of Customs (Vic) (1987) 14 FCR 434. Kristoffersen v Department of Employment Workplace Relations and Small Business [2003] FCA 55 Re Kamminga and Australian National University (1992) 26 ALD 585 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Ward v Centrelink [2005] FCA 73 APPLICANT ABCD OF 2005 v REFUGEE REVIEW TRIBUNAL NSD 580 OF 2005 ALLSOP J 20 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 580 of 2005

BETWEEN: APPLICANT ABCD

APPLICANT

AND: REFUGEE REVIEW TRIBUNAL

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The proceeding stand over to 8 August 2006 to deal with the question of costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA