LSNZ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal (AAT) considered an application by an individual, referred to as LSNZ, seeking to restrict the publication of their name and personal details. LSNZ was seeking a review of a delegate's decision to refuse the grant of Australian citizenship by conferral, based on concerns about their character due to a 2005 conviction. This conviction involved charges under the Queensland Criminal Code relating to procuring a person to engage in a sexual act, where the purported minor was an undercover police officer. Although the conviction was spent under the Crimes Act 1914 (Cth), it was disclosable for the purpose of citizenship applications. The Respondent opposed LSNZ's request for confidentiality.

The central legal issue before the Tribunal was whether to grant an order under section 35 of the Administrative Appeals Tribunal Act 1975 (Cth) to prohibit or restrict the publication of LSNZ's identity and other details. This required the Tribunal to balance the general principle that hearings should be public and evidence made available to all parties, against any reasons for maintaining confidentiality. The Tribunal had to consider the specific provisions of section 35, which allow for directions prohibiting or restricting publication or disclosure of evidence and parties' identities if sufficient reasons are provided.

The Tribunal reasoned that while public interest in transparency and procedural fairness is paramount, there can also be a public interest in confidentiality that may outweigh the public interest in the administration of justice, as established in cases like *Pochi*. In applying this principle, the Tribunal considered the potential impact of disclosure on LSNZ's family. The Tribunal ultimately found it appropriate to make an order to protect the identity of LSNZ's children, stating they should not be "collateral damage" of the applicant's past conviction. Consequently, the Tribunal directed that LSNZ be referred to by the pseudonym "LSNZ", that the hearing take place in private with limited attendees, and that the publication of the names and addresses of LSNZ and any witnesses be prohibited.