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Monday, 2 June 2003
Page: 15696

Mr Andren asked the Minister for Immigration and Multicultural and Indigenous Affairs, upon notice, on 2 December 2002:

Further to his reply, dated 21 October 2002, to a letter from me concerning Mr Qadir Fedayee, will he detail any or all of the information received from his Department relating to the reasons for not granting a visa to Mr Fedayee, if not, why not.

Mr Ruddock (Minister for Immigration and Multicultural and Indigenous Affairs and Minister Assisting the Prime Minister for Reconciliation) —The answer to the honourable member's question is as follows:

Privacy rules permit the disclosure of information held on individuals only in very limited circumstances. While the Privacy Act 1988 prevents me from disclosing details relating to this person, I can assure you that his case is being handled in accordance with the Migration Act and Regulations.

As I indicated in the 21 October 2002 letter, the power to substitute a review tribunal decision with a more favourable decision is non-compellable and is exercised by me personally. I am under no obligation to exercise that power.

A case may fall in the category of being within the public interest if it involves unique or exceptional circumstances. I will generally not reconsider a case unless additional information is provided that brings the case within the guidelines.