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
3. 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
4. the appeal rights, if any, available in respect of the decision; and
5. if appeal rights are available, the right to be represented by a special advocate.

6. Reasons must—

7. be given in writing; and
8. 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.

9. 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.