A v Minister for Immigration & Ethnic Affairs & Anor [1994] FCA 965

A v Minister for Immigration & Ethnic Affairs & Anor [1994] FCA 965

It is necessary, in the interests of the administration of justice, to make orders preventing publication of the applicant's identity to allow him to seek judicial review without fear of persecution; such orders are justified despite the general public interest in open justice, given the evidence of his fears and the lack of opposition from the Minister.

Parties
Applicant: A; First Respondent: Minister for Immigration & Ethnic Affairs; Second Respondent: Professor Tsamenyi sitting as the Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 December 1994
Procedural Posture
Ex Parte Application for Orders Under S 50 Federal Court of Australia Act 1976 Relating to Non Publication and Procedural Matters Incident to an Intended Judicial Review Application / Interlocutory/ex Parte Application
Outcome
Application granted (interlocutory orders made)
Legal Topics
Suppression Orders and Non Publication Orders, Confidentiality of Refugee Proceedings, Judicial Review Procedure, Public Interest and Administration of Justice
Practice and Procedure Refugee Law Administrative Law Suppression Orders and Non Publication Orders Confidentiality of Refugee Proceedings Judicial Review Procedure Public Interest and Administration of Justice

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Parties

A

Applicant

Minister for Immigration & Ethnic Affairs

First Respondent

Professor Tsamenyi sitting as the Refugee Review Tribunal

Second Respondent

Procedural Posture

Ex Parte Application for Orders Under S 50 Federal Court of Australia Act 1976 Relating to Non Publication and Procedural Matters Incident to an Intended Judicial Review Application / Interlocutory/ex Parte Application

Legal Issues

  1. 1 Whether to make a non-publication/confidentiality order under s 50 of the Federal Court of Australia Act 1976 to prevent disclosure of the applicant's identity in judicial review proceedings concerning refusal of refugee status
  2. 2 Whether publication would constitute prejudice to the administration of justice

Ratio Decidendi

It is necessary, in the interests of the administration of justice, to make orders preventing publication of the applicant's identity to allow him to seek judicial review without fear of persecution; such orders are justified despite the general public interest in open justice, given the evidence of his fears and the lack of opposition from the Minister.

Court Disposition

Application granted (interlocutory orders made)

Orders

  • Applicant granted leave to file a notice of motion for orders under s 50 of the Federal Court Act 1976.
  • Notice of motion made returnable instanter.