F v Refugee Review Tribunal & Anor [1997] FCA 459

F v Refugee Review Tribunal & Anor [1997] FCA 459

Given that the facts sought to be suppressed have already entered the public domain (except for the fact of the refugee application), and that the applicant's personal and professional circumstances do not justify continuation of the order, the suppression order should be rescinded. The applicant is granted leave to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 May 1997
Procedural Posture
Application for Judicial Review / Disposition of Application; Consideration of Lifting Suppression Order
Outcome
Application for judicial review discontinued; suppression order rescinded, with a stay; costs awarded to respondents
Legal Topics
['suppression Order' 'apprehended Bias' 'confidentiality in Refugee Proceedings' 'discontinuance of Proceedings' 'costs']
['administrative Law' 'immigration Law' 'practice and Procedure'] ['suppression Order' 'apprehended Bias' 'confidentiality in Refugee Proceedings' 'discontinuance of Proceedings' 'costs']

Source-derived case record

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Procedural Posture

Application for Judicial Review / Disposition of Application; Consideration of Lifting Suppression Order

Legal Issues

  1. 1 ["Whether suppression order protecting applicant's identity should be rescinded" 'Whether the applicant may discontinue proceedings and on what terms' 'To whom costs should be awarded']

Ratio Decidendi

Given that the facts sought to be suppressed have already entered the public domain (except for the fact of the refugee application), and that the applicant's personal and professional circumstances do not justify continuation of the order, the suppression order should be rescinded. The applicant is granted leave to discontinue the application on the usual terms, and is to pay the respondents' taxed costs.

Court Disposition

Application for judicial review discontinued; suppression order rescinded, with a stay; costs awarded to respondents

Orders

  • ['Leave granted for applicant to discontinue the application on undertaking not to institute similar proceedings in this Court' 'Paragraph 1 of the suppression order dated 2 November 1995 rescinded' 'Rescission of suppression order stayed until 4:30pm on 11 June 1997' 'Liberty to either party to apply' "Applicant to...