X v Minister for Immigration & Multicultural Affairs [2000] FCA 480

X v Minister for Immigration & Multicultural Affairs [2000] FCA 480

Because the applicant sought protection from identification, the Minister in whose favour the dismissal order had been made consented, and the Court was satisfied it had jurisdiction under s 50 and O 35 r 7(2)(f), the Court ordered amendment of the title to refer to the applicant as "X" and prohibited publication of information liable to identify him.

Jurisdiction
Australia
Judgment Date
03 April 2000
Procedural Posture
Application for Suppression Order Pursuant to S 50 of the Federal Court of Australia Act 1976 (cth) / After Dismissal With Costs of an Application for Review of a Decision of the Refugee Review Tribunal
Outcome
Application granted; suppression and title amendment orders made.
Legal Topics
['suppression Order' 'non Publication of Party Name' 'variation of Entered Order' 'refugee Review Tribunal Review']
['practice and Procedure' 'immigration'] ['suppression Order' 'non Publication of Party Name' 'variation of Entered Order' 'refugee Review Tribunal Review']

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Procedural Posture

Application for Suppression Order Pursuant to S 50 of the Federal Court of Australia Act 1976 (cth) / After Dismissal With Costs of an Application for Review of a Decision of the Refugee Review Tribunal

Legal Issues

  1. 1 ["Whether the Court should make an order forbidding publication of the applicant's name or anything liable to identify him with the proceeding." 'Whether the Court had jurisdiction after entry of the dismissal order to vary the order where the Minister consented.']

Ratio Decidendi

Because the applicant sought protection from identification, the Minister in whose favour the dismissal order had been made consented, and the Court was satisfied it had jurisdiction under s 50 and O 35 r 7(2)(f), the Court ordered amendment of the title to refer to the applicant as "X" and prohibited publication of information liable to identify him.

Court Disposition

Application granted; suppression and title amendment orders made.

Orders

  • ['Pursuant to s 50 of the Federal Court Act 1976 (Cth), the title of this proceeding be amended so that in it the applicant is referred to as "X".' 'The name of the applicant or anything liable to identify him with Federal Court proceedings N 79 of 2000 not be published except to the legal representatives of the...