“X” v Minister for Immigration and Multicultural Affairs

[2000] FCA 480

FEDERAL COURT OF AUSTRALIA

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

PRACTICE & PROCEDURE – application for suppression order pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth)

Federal Court of Australia Act 1976 (Cth), s 50

Federal Court Rules, O 35 r 7(2)(f)

“X” v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

N 79 OF 2000

EMMETT J
3 APRIL 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 79 OF 2000

BETWEEN:	“X” Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent
JUDGE:	EMMETT J
DATE OF ORDER:	3 APRIL 2000
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.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”

2.The name of the applicant or anything liable to identify him with Federal Court proceedings N 79 of 2000 not be published except to the legal representatives of the parties and to officers of the Department of the respondent.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 79 OF 2000

BETWEEN:	“X” Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	EMMETT J
DATE:	3 APRIL 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 24 March 2000 I ordered that an application to this Court for an order of review of a decision of the Refugee Review Tribunal (‘the Tribunal’) be dismissed with costs.  The reasons for that order were given ex tempore at the time.  I understand that the orders made by me on 24 March 2000 have now been taken out.  An application has now been made on behalf of the applicant that particulars of his name not be published.  He is concerned that if particulars of his name are published he may face retribution upon return to his home country.  There is no opposition on the part of the Minister to the orders that are proposed. 

2. This application is made under section 50 of the Federal Court of Australia Act 1976 (Cth) and under order 35, rule 7 of the Federal Court Rules. Section 50 provides that the Court may at any time during or after the hearing of a proceeding in the Court make such order forbidding or restricting the publication of the name of a party as appears to the Court to be necessary in order to prevent prejudice to the administration of justice or the security of the Commonwealth. Order 35, rule 7(2)(f) provides that the Court may, if it thinks fit, vary an order made after the order has been entered where the party in whose favour the order was made consents.

3. The orders that I made were for dismissal of the application.  That order was made in favour of the Minister and the Minister consents to the orders which I now propose.  I am satisfied that I have jurisdiction to make the order sought.

4. Accordingly, I order pursuant to section 50 of the Federal Court of Australia Act 1976 (Cth) that the title of this proceeding be amended so that in it the applicant is referred to as “X”. I also order that the name of the applicant or anything liable to identify him with Federal Court proceedings N 97 of 2000 not be published except to the legal representatives of the parties and to officers of the Department of the respondent.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             7 April 2000

Counsel for the Applicant:	The applicant appeared in person assisted by an interpreter
Solicitor for the Respondent:	Mr M Grey for the Australian Government Solicitor
Date of Hearing:	3 April 2000
Date of Judgment:	3 April 2000