CVG20 v Minster for Home Affairs (No 2) [2020] FCA 690

CVG20 v Minster for Home Affairs (No 2) [2020] FCA 690

Because the applicant's actual name had been publicly disclosed on the Commonwealth Courts Portal in connection with his pseudonym, apparently contravening s 91X(2) of the Migration Act 1958 (Cth), there was a warranted concern that interested parties could link him to the protection claims recorded in the Court's judgment and that some risk could exist for him if he returned to his home country. Orders assigning a new pseudonym and proceeding number, redacting identifying links, and prohibiting publication or disclosure of the original pseudonym and proceeding number were necessary to protect the applicant's safety under s 37AG while permitting publication of the judgment consistently...

Jurisdiction
Australia
Judgment Date
18 May 2020
Procedural Posture
Application for Suppression or Non Publication Orders in a Migration/protection Visa Appeal / Interlocutory Application Following Publication of the Court's Reasons Dismissing the Appeal
Outcome
Application allowed; orders made substantially in the terms sought.
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'protection Visa Proceedings' 'pseudonymisation' 'contravention of S 91 X of the Migration Act 1958 (cth)' 'safety of Applicant']
['practice and Procedure' 'migration Law' 'administrative Law'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'protection Visa Proceedings' 'pseudonymisation' 'contravention of S 91 X of the Migration Act 1958 (cth)' 'safety of Applicant']

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Procedural Posture

Application for Suppression or Non Publication Orders in a Migration/protection Visa Appeal / Interlocutory Application Following Publication of the Court's Reasons Dismissing the Appeal

Legal Issues

  1. 1 ["Whether orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) should be made to prohibit publication or disclosure of the applicant's original pseudonym and original proceeding number." "Whether the publication of the applicant's name on the Commonwealth Courts Portal in connection with his pseudonym created a risk to his safety sufficient to satisfy s 37AG of the Federal Court of Australia Act 1976 (Cth)." 'Whether the requested orders could protect the applicant while causing the least disruption to the public interest in open justice.']

Ratio Decidendi

Because the applicant's actual name had been publicly disclosed on the Commonwealth Courts Portal in connection with his pseudonym, apparently contravening s 91X(2) of the Migration Act 1958 (Cth), there was a warranted concern that interested parties could link him to the protection claims recorded in the Court's judgment and that some risk could exist for him if he returned to his home country. Orders assigning a new pseudonym and proceeding number, redacting identifying links, and prohibiting publication or disclosure of the original pseudonym and proceeding number were necessary to protect the applicant's safety under s 37AG while permitting publication of the judgment consistently...

Court Disposition

Application allowed; orders made substantially in the terms sought.

Orders

  • ['The appellant be assigned a new pseudonym.' 'This proceeding be assigned a new proceeding number.' "The substantive judgment in respect of the appeal be published using the appellant's new pseudonym and the new proceeding number." 'The name and citation of the judgment of the Federal Circuit Court of Australia...