Norkin v University of New England

The applicant, Norkin, sought leave to appeal a decision concerning the University of New England's collection of personal information. The dispute centred on whether the University's actions, specifically in undertaking a pre-assessment of the applicant's brother's visa eligibility under the Commonwealth's Simplified Student Visa Framework, complied with the *Privacy and Personal Information Protection Act 1998* (NSW). The matter came before Leeming JA and Basten AJA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the University's conduct in collecting and processing the applicant's brother's personal information for the purpose of a pre-visa assessment was consistent with the requirements of the *Privacy and Personal Information Protection Act 1998* (NSW). Other proposed grounds of appeal were considered by the Court, but the focus of the concurrent hearing was to be confined to this specific privacy issue.

The Court ordered that the summons seeking leave to appeal be listed for a concurrent hearing of the application for leave and the appeal itself. This hearing was to be strictly confined to the question of whether the University's pre-assessment of the applicant's brother's visa eligibility complied with the *Privacy and Personal Information Protection Act 1998* (NSW). Furthermore, the Registrar was directed to appoint counsel to appear as *amicus curiae* to assist the Court.