Freedom of information case pursued by Guardian Australia journalist Paul Farrell to be heard in administrative appeals tribunal

This article is more than 4 years old

This article is more than 4 years old

A landmark freedom of information case set to be heard on Monday will test whether the Australian government can hide details of asylum seeker boat turnbacks by claiming they are a matter of national security.

The policy will come under unprecedented legal scrutiny, with the commander of Operations Sovereign Borders set to give evidence in a public hearing in the the administrative appeals tribunal.

The case surrounds access to government orders to executive turnback operations in 2013 and early 2014. It is part of a long running freedom of information case initiated by Guardian Australia journalist Paul Farrell.

Paul Farrell on the 'surprising and disturbing' police investigation of his work – Behind the Lines podcast Read more

In early 2014 the immigration department refused Farrell’s requests for documents about the turnback operations, including those involved in Australia’s unlawful incursions into Indonesian waters.

Farrell appealed the case to the office of the Australian information commissioner, which ruled that part of one document should be released because it would “add to public understanding of how a difficult and sensitive function is discharged within government”.

But the head of the department, Michael Pezzullo, launched an appeal against the information commissioner’s ruling in September 2015 to the administrative appeals tribunal in a bid to prevent Farrell gaining access to even one of the documents.

The immigration department called as its only witness the commander of Operation Sovereign Borders, Major General Andrew Bottrell, who will seek to justify the government’s position.

Guardian Australia’s lawyers will have the opportunity to cross-examine Bottrell in the hearing.

A key part of the case will turn on whether the government can reasonably claim that all documents relating to asylum seeker turnbacks are a matter of national security, and should not be released under freedom of information laws.

Australia's attacks on journalists' sources are about politics, not national security | Paul Farrell Read more

The case will also examine the public interest considerations at the heart of the government’s policy of secrecy.

The government’s decision not to provide comment on “on-water matters” has faced considerable scrutiny from Labor and the Greens.

The former immigration minister Scott Morrison was the focus of intense criticism when he persistently declined to comment on any operational matters relating to asylum seeker interceptions at sea.

A two-day hearing is set for Monday and Tuesday.