Law - Administrative Law - Peter Case Study - Assignment Help

Law Administrative Law Peter Case Study Assignment Help

Assignment Task:

Fact Scenario
Your client, Peter, applied to the Minister for Foreign Affairs on April 30 for access to copies of documents, cables or correspondence from her to the UK and US
governments in relation to the April 11 arrest of WikiLeaks founder Julian Assange and the subsequent US application for his extradition on US Espionage Act charges.

Peter is a member of the ‘Free Julian Assange Committee’.

On July 30, in a brief letter, the Minister refused Peter’s request, on three grounds:

(1) the request would substantially and unreasonably interfere with the performance of the Minister's functions, as per s 24 of the Freedom of
Information Act 1982 (Cth) (FOI Act);

(2) the request would damage the international relations of the Commonwealth, as per s 33(a)(iii) of the FOI Act;

(3) the requested documents would contain or relate to deliberative processes of the Minister, as per s 47C(1) of the FOI Act.

In the letter, the Minister gave no further reasons for her decision. One week later, the Minister told the House of Representatives that she had rejected Peter’s request
because he was a socialist who was trying to undermine the US-Australia alliance, which was critical to the country’s security.

QUESTION
You must advise on the availability of, and best options for, informal review, internal review, FOI, Ombudsman, tribunal review or judicial review of the administrative decision.
• You must outline 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 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 how long the review process could take.

• No reference is needed to the judicial remedies that may be available.

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