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The High Court set aside an appeal decision upholding the removal of an airport security clearance from an aircraft mechanic, finding that the appellant was denied fair procedures because he was not provided with the reasons for the initial decision prior to the appeal, nor given an opportunity to make meaningful submissions. The court ruled that the subsequent disclosure of the reasons confirmed the information was not secret or sensitive intelligence, and so should have been provided earlier. However, the initial decision to withdraw security clearance was not set aside, given the nature of national security concerns and the availability of a fair appeal process once proper procedures are followed. The court directed that a new appeal be allowed, with adequate disclosure (excepting secret or sensitive material), so the applicant can properly contest the decision.
security clearance – airport identification card – aircraft mechanic – appeal set aside – fair procedures – procedural fairness – failure to provide reasons – judicial review – public interest privilege – secret and sensitive intelligence – national security – order of certiorari – Rules of the Superior Courts (RSC)
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