Norkin v University of New England [2023] NSWCA 26

Norkin v University of New England [2023] NSWCA 26

The Court held that, although most proposed grounds of appeal did not warrant the grant of leave, there was an arguable point of public importance as to whether the University's conduct in pre-assessing visa eligibility under the SSVF complied with the Privacy and Personal Information Protection Act 1998 (NSW). The leave summons should therefore be listed for a concurrent hearing of the leave application and appeal confined to that ground, with an amicus curiae appointed to assist the Court.

Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Summons Seeking Leave to Appeal / On the Papers; Application for Leave to Appeal From Norkin V University of New England [2022] NSWSC 819
Outcome
Summons seeking leave to appeal listed for a concurrent hearing of the application for leave to appeal and the appeal itself, confined to the PPIP Act compliance ground; Registrar directed to appoint counsel to appear as amicus curiae.
Legal Topics
['leave to Appeal' 'collection of Personal Information by Public Sector Agency' 'pre Assessment of Student Visa Eligibility' 'simplified Student Visa Framework' 'functions and Activities of a University']
['administrative Law' 'privacy Law' 'appeals'] ['leave to Appeal' 'collection of Personal Information by Public Sector Agency' 'pre Assessment of Student Visa Eligibility' 'simplified Student Visa Framework' 'functions and Activities of a University']

Case Brief

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Procedural Posture

Summons Seeking Leave to Appeal / On the Papers; Application for Leave to Appeal From Norkin V University of New England [2022] NSWSC 819

Legal Issues

  1. 1 ['Whether the conduct of the University in undertaking a pre-assessment of the applicant\'s brother\'s visa eligibility within the Commonwealth "Simplified Student Visa Framework" complied with the Privacy and Personal Information Protection Act 1998 (NSW).' "Whether the University's collection of personal information was for a lawful purpose directly related to a function or activity of the University and was reasonably necessary for that purpose under s 8 of the Privacy and Personal Information Protection Act 1998 (NSW)." 'Whether other proposed grounds of appeal warranted the grant of leave to appeal.']

Ratio Decidendi

The Court held that, although most proposed grounds of appeal did not warrant the grant of leave, there was an arguable point of public importance as to whether the University's conduct in pre-assessing visa eligibility under the SSVF complied with the Privacy and Personal Information Protection Act 1998 (NSW). The leave summons should therefore be listed for a concurrent hearing of the leave application and appeal confined to that ground, with an amicus curiae appointed to assist the Court.

Court Disposition

Summons seeking leave to appeal listed for a concurrent hearing of the application for leave to appeal and the appeal itself, confined to the PPIP Act compliance ground; Registrar directed to appoint counsel to appear as amicus curiae.

Orders

  • ['List the summons seeking leave to appeal for a concurrent hearing of the application for leave to appeal and the appeal itself, confined to the ground "Whether the conduct of the University in undertaking a pre-assessment of the applicant\'s brother\'s visa eligibility within the Commonwealth "Simplified Student...