Norkin v University of New England [2023] NSWCA 194

Norkin v University of New England [2023] NSWCA 194

The University's collection of personal information for the purpose of pre-assessing visa eligibility under the Simplified Student Visa Framework was for a lawful purpose that was directly related to its function or activity of providing education to overseas students. A lawful purpose under s 8 does not require statutory authorisation provided the activity is not prohibited by law. The University complied with s 8 because collection was directly related to teaching international students, the function/activity of the University.

Parties
Applicant: Anton Norkin; First Respondent: The University of New England; Second Respondent – Submitting Appearance: Civil and Administrative Tribunal of NSW
Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Application for Leave to Appeal / Court of Appeal – Application for Leave to Appeal From Supreme Court Decision
Outcome
Application for leave to appeal dismissed.
Legal Topics
Collection of Personal Information, Privacy and Personal Information Protection Act 1998 (nsw), University Admissions, Simplified Student Visa Framework, Appeals, Leave to Appeal
Human Rights Privacy Law Administrative Law Collection of Personal Information Privacy and Personal Information Protection Act 1998 (nsw) University Admissions Simplified Student Visa Framework Appeals +1 more

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Parties

Anton Norkin

Applicant

The University of New England

First Respondent

Civil and Administrative Tribunal of NSW

Second Respondent – Submitting Appearance

Procedural Posture

Application for Leave to Appeal / Court of Appeal – Application for Leave to Appeal From Supreme Court Decision

Legal Issues

  1. 1 Whether the collection of personal information by a university in the context of a pre-visa assessment under the Simplified Student Visa Framework complies with s 8 of the Privacy and Personal Information Protection Act 1998 (NSW)
  2. 2 Whether the University's collection of personal information about an applicant and his sponsor was for a lawful purpose directly related to a function or activity of the University as required by s 8
  3. 3 Whether a lawful purpose for s 8 requires statutory authorisation or simply means not prohibited by law

Ratio Decidendi

The University's collection of personal information for the purpose of pre-assessing visa eligibility under the Simplified Student Visa Framework was for a lawful purpose that was directly related to its function or activity of providing education to overseas students. A lawful purpose under s 8 does not require statutory authorisation provided the activity is not prohibited by law. The University complied with s 8 because collection was directly related to teaching international students, the function/activity of the University.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.
  • Either party may apply within 14 days for orders as to costs by filing and serving short submissions not exceeding three pages; response within seven days thereafter.