Norkin v University of New England

[2023] NSWCA 26

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Norkin v University of New England [2023] NSWCA 26

Hearing dates:

On the papers

Date of orders:

28 February 2023

Decision date:

28 February 2023

Before:

Leeming JA; Basten AJA

Decision:

1. List the summons seeking leave to appeal for a concurrent hearing of the application for leave to appeal and the appeal itself, confined to the ground “Whether the conduct of the University in undertaking a pre-assessment of the applicant’s brother’s visa eligibility within the Commonwealth “Simplified Student Visa Framework” complied with the Privacy and Personal Information Protection Act 1998 (NSW)”, on a date to be fixed by the Registrar.

2. Direct the Registrar to appoint counsel to appear as amicus curiae.

Catchwords:

APPEALS – leave to appeal – university collection of personal information for purpose of pre-visa assessment – whether compliance with Privacy and Personal Information Protection Act 1998 (NSW) – other proposed grounds of appeal not warranting grant of leave – concurrent hearing of question whether compliance with Privacy and Personal Information Protection Act – other grounds dismissed

Legislation Cited:

Privacy and Personal Information Protection Act 1998 (NSW), ss 8, 10, 17, 18

Migration Act 1958 (Cth)

University of New England Act 1993 (NSW), s 6

Cases Cited:

DQV v University of New England [2021] NSWCATAP 208

Norkin v University of New England [2022] NSWSC 819

Category:

Principal judgment

Parties:

Anton Norkin (Applicant)
University of New England (First Respondent)
Civil and Administrative Tribunal of New South Wales (Second Respondent – submitting appearance)

Representation:

Applicant (self-represented)
C Tipene (solicitor) (First Respondent)

Solicitors:
Sparke Helmore Lawyers (First Respondent)

File Number(s):

2022/212427

Publication restriction:

N/A

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2022] NSWSC 819

Date of Decision:

24 June 2022

Before:

Davies J

File Number(s):

2021/224913

Judgment

1. THE COURT: The applicant, Anton Norkin, is the brother and sponsor of a person who sought to enrol at the University of New England as an overseas student, who seeks leave to appeal from a decision of the Supreme Court Norkin v University of New England [2022] NSWSC 819 (Davies J) dismissing his appeal from NCAT: DQV v University of New England [2021] NSWCATAP 208. Both sides have supplied written submissions in support of and opposing the grant of leave, and consented to the grant of leave being dealt with in the absence of the public and without oral hearing. The factual background summarised below is taken from the reasons given by Davies J and the Appeal Panel, and may well be uncontroversial.

2. Under the University’s program for admission of overseas students, the applicant’s brother was required to supply personal information to allow the University to undertake a pre-assessment of his visa eligibility. The process involved the University being part of the Commonwealth “Simplified Student Visa Framework” (SSVF). Although the University apparently holds no decision-making authority under the Migration Act 1958 (Cth) and Migration Regulations, Davies J described the object…