Julian Case Study - The Freedom of Information Act - Law Assignment Help

Assignment Task:

Form of assignment
The assignment is to be written as a submission to your law firm, setting out both (1) the relevant and strongest grounds of review and (2) the most advisable avenues of review available. There must be correct and full citations to the relevant legislation and case law, as per the latest edition of the Australian Guide to Legal Citation.
You must advise on the availability of, and best options for, informal review, internal review, Information Commissioner, Ombudsman, tribunal review or judicial review of the administrative decision.
You must outline all the merits issues and legal issues that you consider relevant, indicating which you think are the strongest grounds for your client. Such issues must be supported by references in the footnotes to the relevant legislation, guidelines and cases.
You must discuss the differences, advantages and disadvantages, in your client’s circumstances, of non-judicial review compared to judicial review.
You must advise whether your client has standing, and which tribunals and courts have jurisdiction.
Reference must be made to the legislative sections covering the procedures and application fees for these actions, and what procedures your client should expect at each step, and approximately how long the review process could take.
No reference is needed to the judicial remedies that may be available. 

Fact Scenario
Your client, Julian, applied to the Minister for Home Affairs on June 30 for access to copies of documents, emails or correspondence relating to the role of Australian Border Force officials and the Minister in permitting passengers to disembark from the Ruby Princess cruise ship in Sydney on March 19. Julian is a freelance journalist. His application was made under the Freedom of Information Act 1982 (Cth) (FOI Act).
On July 30, in a brief letter, the Minister refused Julian’s request, on two grounds:

(1)    the request would substantially and unreasonably interfere with the performance of the Minister's functions, as per ss 24 and 24AA of the Freedom of Information Act 1982 (Cth) (FOI Act), because it would take more than 1,000 hours to identify and locate the documents and decide whether to release them;
 (2)    the requested documents would contain, or relate to, deliberative processes of the Minister, as per s 47C(1) of the FOI Act and, if published they would inhibit officials from giving the Minister robust and frank advice.

In the letter, the Minister gave no further reasons for his decision. One week later, the Minister told the House of Representatives that he had rejected Julian’s request because he was a ‘troublemaker’ who was trying to undermine the government and endanger national security.

Relevant legislation, guidelines and cases

This assignment requires research to find the relevant legislation, guidelines and cases. In your submission, you must examine, apply or distinguish all applicable cases, including (but not limited to) the following decisions:

Attorney-General v Honourable Mark Dreyfus [2016] FCAFC 119 (6 September 2016)
'RV' and Services Australia (Freedom of information) [2020] AICmr 11 (13 April 2020)
 

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