Federal Court upholds peace activist's right to ASIO files

Melbourne, 18 July, 2008: Deported US peace activist Scott Parkin has welcomed a Federal Court judgement upholding his right to access a list of documents showing why Australia's domestic spy agency regards him as a threat to Australia's national security.

The full court judgement opens the way for Mr Parkin's lawyers to apply for access to his adverse security assessment and other ASIO documents relating to the case, including a secret 1990 "determination" showing the criteria ASIO used to deem him a security threat.

Mr Parkin launched legal action against ASIO chief Paul O'Sullivan after an adverse security assessment triggered his detention and removal from Australia in 2005.

Mr O'Sullivan appealed to the Full Court after Justice Ross Sundberg ordered the release of a list of documents relevant to the case.

In their written reasons for the judgement handed down today, Justices Jessup, North and Ryan rejected Mr O'Sullivan's argument that Justice Sundberg had misunderstood his argument that non-citizens should never be able to access adverse security assessments made about them.

"We consider that the appellant's submissions in these respects seek to have too fine, and too pedantic, a distinction in the way [Justice Sundberg] espressed himself", their Honours said.

Mr Parkin welcomed the court's decision as a victory for political freedom, but expressed concerns that legislation introduced by the Howard Government could still prevent him from getting a fair hearing.

"Under laws introduced by the Howard Government, the Attorney General Robert McClelland has the power to intervene in court proceedings to stop me finding out what I am accused of," Mr Parkin said.

"I am calling on Mr McClelland to respect the right to a fair hearing and allow my case to proceed in an open court."

*I hope the Australian people will remind Mr McClelland that ASIO is accountable to him, not the other way around."