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38: Summary of allegations to be developed
or “Preparing a summary of secret information allegations for your review”
You could also call this:

“Explaining decisions made using secret information and your rights”

If someone makes a decision about you using secret information, and that decision is not in your favour, they need to tell you some things. They must let you know that they used secret information to make the decision. They also need to explain why they made the decision, but they won’t share any secret details that could cause problems. They have to tell you if you can appeal the decision. If you can appeal, they must tell you that you have the right to have a special lawyer help you.

When they give you these reasons, they must write them down. The reasons need to include certain information, just like when someone asks for official information from the government.

The person who made the decision (either a Minister or a refugee and protection officer) also has to write down all the reasons for their decision, including the secret information. But this full record is kept private and can only be seen by certain people in specific situations or by the head of the relevant government department.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 40: Where classified information may be relied on without requirement for summary or reasons

or “When secret information can be used without giving you details or reasons”
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Part 2 Core provisions and matters in relation to decision making
Reliance on classified information in decision making

39Reasons, etc, to be given where prejudicial decision made using classified information

  1. Where a decision of a kind referred to in section 38(1) has been made relying on classified information, and the decision is prejudicial to the person concerned, then, subject to section 40, the person who is the subject of the decision must be informed of—

  2. the fact that classified information was relied on in making the decision; and
    1. the reasons for the decision (except to the extent that providing reasons would involve a disclosure of classified information that would be likely to prejudice the interests referred to in section 7(3)); and
      1. the appeal rights, if any, available in respect of the decision; and
        1. if appeal rights are available, the right to be represented by a special advocate.

          1. Reasons must—

          2. be given in writing; and
            1. contain the information required under section 23 of the Official Information Act 1982 as if the reasons were given in response to a request to which that section applies.

              1. The Minister or a refugee and protection officer, as the case may be, must also prepare a record of the reasons for the decision, including any reasons arising from the classified information, which may not be accessed or disclosed except in accordance with section 241(1), 259(1), or 267(4) or to the chief executive of the relevant agency.