If the issue of a s 375 secrecy certificate is invalid, then the AAT’s reliance on that certificate for not producing documents to the applicant may in turn be affected by jurisdictional error. See Ahmad v Minister for Immigration and Border Protection [2015] FCCA 1038, esp [40]:
If the reason given could not sustain the public interest claim, then the Tribunal was not as a matter of law bound by the purported certificate.