DSO18 v Minister for Home Affairs (No 3) [2020] FCA 640

Due to urgency, potential risk to the appellant, and the interim nature of the application, the Court grants an interim non-publication order pending the final hearing without determination of the merits.

Parties: Appellant: DSO18; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction: Australia
Judgment Date: 01 May 2020
Procedural Posture: Appeal / Interlocutory Application for Suppression Order (interim Relief) Pending Hearing
Outcome: Interim suppression/non-publication order granted pending final hearing
Legal Topics: Suppression Orders, Non Publication Orders, Migration, Protection Visas

Administrative and Constitutional Law Human Rights Suppression Orders Non Publication Orders Migration Protection Visas

Case Brief

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Parties

DSO18

Appellant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Suppression Order (interim Relief) Pending Hearing

Legal Issues

1 Whether interim suppression/non-publication order should be granted pending determination of interlocutory application
2 Potential breach of s 91X Migration Act 1958 (Cth) regarding publication of appellant's identity

Ratio Decidendi

Court Disposition

Interim suppression/non-publication order granted pending final hearing

Orders

Reasons for judgment in this appeal suppressed and not to be further published until further hearing on 18 May 2020.
Appellant to file and serve any further affidavit material and written submissions by 4.00 pm on 7 May 2020.