A Dublin chef who was refused a visa to work in Australia complained in the High Court yesterday that although Garda authorities told him they had no personal data on him, the Australian High Commission said it had "departmental files" of "confidential information communicated by a gazetted agency".
While he refused leave at this stage to Mr Keith Kelleher, York Street, Dublin, to seek an order quashing any reference in any record stating that he got the Probation of Offenders Act seven years ago, Mr Justice Finnegan said he could reapply. Mr Kelleher, in an affidavit, said the letter from the Australian High Commission cited the grounds for refusing him a visa as being the contents of a Department of Justice file containing evidence of proceedings in the Dublin District Court in 1993 against him relating to assaulting a garda and disorderly behaviour while drunk.
He had appealed to the Circuit Court and received the benefit of the Probation of Offenders Act. When applying for his visa, he wrote to the Garda authorities and they replied that no personal data were found. Mr Justice Finnegan put the matter back to July 31st.