243 Matters to be considered by Tribunal

(1)

Where proceedings involve classified information, the Tribunal must determine the following matters:

(a)

whether the classified information is relevant to the subject matter of the appeal or matter concerned:

(b)

whether the classified information is information of a kind specified in section 7(2), and whether its disclosure would be disclosure of a kind specified in section 7(3):

(c)

whether the classified information is credible:

(d)

the substantive grounds of the appeal or matter, having regard to—

(i)

all the information available to the Tribunal, including any relevant and credible classified information; and

(ii)

the relevant criteria under which the decision appealed against or to which the matter relates was made.

(2)

If the Tribunal considers that—

(a)

any classified information is not relevant to the appeal or matter, it must disregard that information; and

(b)

any information does not meet the criteria specified in section 7(2) and (3), the Tribunal must disregard that information unless—

(i)

the relevant agency agrees to the disclosure of the information to the appellant or affected person; or

(ii)

the Tribunal considers that it is of benefit to the appellant or affected person; and

(c)

any classified information is not credible, it must disregard that information.

(3)

To avoid doubt, classified information may be relevant to an appeal or matter whether it is beneficial or detrimental to the appellant or affected person.