ELA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 230

FEDERAL COURT OF AUSTRALIA

ELA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 230 Appeal from: Application for leave to appeal: ELA18 v Minister for Home Affairs (No 2) [2020] FCA 782 Application for extension of time and leave to appeal: EEZ18 v Minister for Home Affairs (Federal Court of Australia, NSD 234/2019, Orders dated 30 April 2020) BBE15 v Federal Circuit Court of Australia [2020] FCA 965

File numbers: NSD 670 of 2020 NSD 781 of 2020 NSD 870 of 2020

Judgment of: BESANKO, FLICK AND PERRY JJ

Date of judgment: 22 December 2020

Catchwords: MIGRATION – protection visa applicants ADMINISTRATIVE LAW – disclosure of information in reasons for decision of primary Judge – whether disclosure of unnecessary information without inviting submissions from party affected constitutes a denial of procedural fairness – where information once disclosed may found a claim for protection PRACTICE AND PROCEDURE – the re-listing of applications once dismissed – the making of supplemental orders – jurisdiction of the Court to make orders for the suppression of information disclosed in reasons – the recalling of a judgment ADMINISTRATIVE LAW — appeal from an order made by the Federal Court of Australia dismissing an application by the appellant for declarations that the Federal Circuit Court of Australia made an error of law in failing to afford procedural fairness to the appellant in that the Court disclosed personal information about the appellant in its reasons for judgment and had acted in breach of s 91X of the Migration Act 1958 (Cth) — whether the appellant's complaint was in reality one of substantive unfairness rather than procedural unfairness — whether the declaration sought would resolve a real controversy regarding the legal rights and liabilities of the parties — whether the declaration sought would have foreseeable consequences for the parties — the significance of the declaration sought to a request for ministerial intervention under s 48B of the Migration Act — whether there is error in the primary judge's decision with respect to s 91X of the Migration Act — where there is no ongoing breach of s 91X of the Migration Act — appeal dismissed — application to the Full Court for suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) — where no detailed submissions were filed in support of application — where similar or related orders were refused by the primary judge and no appeal is brought from primary judge's decision