Kumar v Minister for Immigration and Citizenship [2008] FCA 634

Kumar v Minister for Immigration and Citizenship [2008] FCA 634

Because the appellant could not identify any significant prejudice from temporary non-publication, and the orders would preserve the subject matter of any possible special leave application, the reasons, transcript and written submissions were to remain confidential until the first of the specified events occurred.

Jurisdiction
Australia
Judgment Date
09 May 2008
Procedural Posture
Migration Law Application for Non Publication/confidentiality / Single Judge Determination of the Minister's Non Publication Application After Full Court Judgment and Pending Possible High Court Special Leave Application
Outcome
Application allowed; temporary non-publication orders made, with no order as to costs.
Legal Topics
['non Publication of Judgment and Reasons' 'confidentiality of Transcript and Written Submissions' 'special Leave to Appeal to the High Court' 'open Justice' 'preservation of Subject Matter of Appeal']
['migration Law' 'confidentiality and Non Publication Orders' 'appellate Procedure'] ['non Publication of Judgment and Reasons' 'confidentiality of Transcript and Written Submissions' 'special Leave to Appeal to the High Court' 'open Justice' 'preservation of Subject Matter of Appeal']

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Procedural Posture

Migration Law Application for Non Publication/confidentiality / Single Judge Determination of the Minister's Non Publication Application After Full Court Judgment and Pending Possible High Court Special Leave Application

Legal Issues

  1. 1 ["Whether the Full Court's reasons, transcript and written submissions should not be published pending determination of any application for special leave to appeal to the High Court or expiry of the time for making such an application." "Whether publication would adversely affect the Minister's ability to obtain relevant information and discharge functions under the Migration Act 1958 (Cth)." 'Whether the appellant would suffer significant prejudice if non-publication orders were made.']

Ratio Decidendi

Because the appellant could not identify any significant prejudice from temporary non-publication, and the orders would preserve the subject matter of any possible special leave application, the reasons, transcript and written submissions were to remain confidential until the first of the specified events occurred.

Court Disposition

Application allowed; temporary non-publication orders made, with no order as to costs.

Orders

  • ["Subject to Order 2, the judgment and reasons of the Full Court in this matter dated 29 April 2008, the transcript of any hearings in this matter and any written submissions filed in relation to this matter, not be published until whichever of the following first occurs: determination by the High Court of any...