AS v Minister for Immigration and Border Protection

The case of AS v Minister for Immigration and Border Protection involved an asylum seeker, referred to as AS, a minor who sought to bring a claim against the Minister for Immigration and Border Protection. The case was heard in the Federal Circuit Court of Australia and centred around an application by AS, through her litigation guardian, for a suppression order to conceal her identity during the proceedings. The applicant argued that revealing her identity would cause her real risk of psychological harm and deter others in similar situations from bringing claims.

The primary legal issue before the court was whether the suppression order should be granted, considering the risk of psychological harm to AS and the open court principle. The court had to balance the public's right to know with the need to protect the identity of a vulnerable child. The court also considered the provisions of section 7(d) of the Open Courts Act 2013, which allows for the protection of a party's identity when there is a real risk of significant harm.

The court granted the suppression order, allowing AS to be referred to by the pseudonym "AS" in the proceeding. The court found that the risk of psychological harm from disclosure of AS's identity was significant and that the open court principle should be balanced against the need to protect a vulnerable child. The court also noted that AS had a provisional diagnosis of post-traumatic stress disorder, further supporting the need for anonymity. The court considered the discretionary factors and concluded that granting the suppression order was in the best interests of AS.

The final orders included a direction for AS to be referred to by the pseudonym "AS" in the proceeding, the confidentiality of certain affidavits and exhibits, and the service of the order on the defendants. The costs of the application were to be borne by AS.