Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 81

Federal Court of Australia

Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 81 Appeal from: Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 490

File number: WAD 105 of 2020

Judgment of: MCKERRACHER, WHITE AND STEWART JJ

Date of judgment: 26 May 2021

Catchwords: MIGRATION – application for non-publication order – whether the appellant's name should be replaced with a pseudonym – where a pseudonym is sought to assist the appellant to re-establish himself and gain employment in the United Kingdom – whether the order is necessary to prevent prejudice to the proper administration of justice

Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 28(1)(b), 37AE, 37AF, 37AG, 37AG(1)(a), 37AH(3), 50 (repealed), Pt VAA Migration Act 1958 (Cth) s 91X

Cases cited: ASE16 v Australian Securities and Investments Commission [2016] FCA 321 Australian Competition and Consumer Commission v Air New Zealand Ltd (No 3) [2012] FCA 1430 Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 1) [2015] FCA 607; (2015) 331 ALR 68 Australian Competition and Consumer Commission v Origin Energy Electricity Limited [2015] FCA 278 Chen v Migration Agents Registration Authority (No 1) [2016] FCA 649 Computer Interchange Pty Ltd v Microsoft Corp [1999] FCA 198; (1999) 88 FCR 438 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Stanford v DePuy International Ltd [2013] FCA 1304 Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165