Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 104

Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 104

The pseudonym was not justified because s 91X of the Migration Act 1958 (Cth) was not engaged, the appellant had not articulated a basis for a protection visa, and his name and details of his case had been publicly available in the Tribunal's published reasons. The blanket non-publication order over the pastor's witness statement was not necessary, but paragraphs 2 and 10 warranted suppression for 10 years because of their potential to affect the safety of a person under s 37AG(1)(c).

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Migration Appeal; Ancillary Determination of Pseudonym and Non Publication Orders / Full Court Orders After Appeal Dismissed
Outcome
Pseudonym removed; earlier non-publication order vacated and replaced with a narrower suppression order.
Legal Topics
['pseudonym Orders' 'suppression Orders and Non Publication Orders' 'protection Visa Confidentiality' 'safety of a Person' 'proper Administration of Justice']
['migration' 'administrative Law' 'federal Court Procedure' 'open Justice'] ['pseudonym Orders' 'suppression Orders and Non Publication Orders' 'protection Visa Confidentiality' 'safety of a Person' 'proper Administration of Justice']

Case Brief

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Procedural Posture

Migration Appeal; Ancillary Determination of Pseudonym and Non Publication Orders / Full Court Orders After Appeal Dismissed

Legal Issues

  1. 1 ['Whether the pseudonym AZL20 should continue to apply to the appellant in the appeal and proceeding WAD537 of 2019.' "Whether the 15 May 2020 order suppressing the pastor's witness statement should continue, be varied, or be vacated under s 37AG(1) of the Federal Court of Australia Act 1976 (Cth)." 'Whether s 91X of the Migration Act 1958 (Cth) was engaged where the appellant had not applied for a protection visa but indicated he might do so in the future.' "Whether suppression of parts of the pastor's witness statement was necessary to protect the safety of a person."]

Ratio Decidendi

The pseudonym was not justified because s 91X of the Migration Act 1958 (Cth) was not engaged, the appellant had not articulated a basis for a protection visa, and his name and details of his case had been publicly available in the Tribunal's published reasons. The blanket non-publication order over the pastor's witness statement was not necessary, but paragraphs 2 and 10 warranted suppression for 10 years because of their potential to affect the safety of a person under s 37AG(1)(c).

Court Disposition

Pseudonym removed; earlier non-publication order vacated and replaced with a narrower suppression order.

Orders

  • ['The pseudonym AZL20 cease to apply in the appeal and in proceeding WAD537 of 2019, and in the orders made by, and the reasons for judgment of, the Full Court published on 5 May 2021.' "The text of the orders made by, and reasons for judgment of, the Full Court published on 5 May 2021 be amended to remove the...