Kumar (formerly CWRG) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 1586

Kumar (formerly CWRG) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2022] FCA 1586

Because no party filed submissions supporting continued anonymity, s 91X of the Migration Act 1958 (Cth) did not apply, and no basis was demonstrated for departing from open justice, the use of the applicant's pseudonym should end and the applicant's name should be substituted.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Application for Review of a Decision of the Administrative Appeals Tribunal Concerning Refusal of an Application for a Resident Return Visa / Determined on the Papers as to Whether Pseudonyms or a Confidentiality Order Should Continue After Judgment Refusing the Application for Review
Outcome
Order made ending the use of the applicant's pseudonym.
Legal Topics
['use of Pseudonyms' 'confidentiality Orders' 'resident Return Visa' 'administrative Appeals Tribunal Review' 'protection Visa Publication Restrictions']
['administrative Law' 'migration Law' 'open Justice'] ['use of Pseudonyms' 'confidentiality Orders' 'resident Return Visa' 'administrative Appeals Tribunal Review' 'protection Visa Publication Restrictions']

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Procedural Posture

Application for Review of a Decision of the Administrative Appeals Tribunal Concerning Refusal of an Application for a Resident Return Visa / Determined on the Papers as to Whether Pseudonyms or a Confidentiality Order Should Continue After Judgment Refusing the Application for Review

Legal Issues

  1. 1 ['Whether there should be a confidentiality order or continuation of pseudonyms in the proceedings.' "Whether s 91X of the Migration Act 1958 (Cth) applied to prevent publication of the applicant's name." 'Whether any basis had been demonstrated to depart from open justice by continuing the use of pseudonyms.']

Ratio Decidendi

Because no party filed submissions supporting continued anonymity, s 91X of the Migration Act 1958 (Cth) did not apply, and no basis was demonstrated for departing from open justice, the use of the applicant's pseudonym should end and the applicant's name should be substituted.

Court Disposition

Order made ending the use of the applicant's pseudonym.

Orders

  • ['The name Sunita Kumar be substituted as the name of the applicant.']