Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 104

Federal Court of Australia

Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 104 Appeal from: AZL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1490

File number(s): WAD 255 of 2020

Judgment of: RARES, O'CALLAGHAN AND WHEELAHAN JJ

Date of judgment: 18 June 2021

Catchwords: MIGRATION – continuation of pseudonym and non-publication order – where appellant had been given a pseudonym in proceeding below without order for that to occur – where both primary judge and Administrative Appeals Tribunal made orders restricting publication of information in witness statement – where appellant indicated he might apply for protection visa in the future but where s 91X of the Migration Act 1958 (Cth) did not apply – where Tribunal made non-publication order of witness' statement due to concerns about safety of a person – where appellant's name and details of his case was available online in Tribunal's published reasons – whether pseudonym and non-publication order necessary to prevent prejudice to the proper administration of justice or protect safety of a person pursuant to s 37AG(1) of the Federal Court of Australia Act 1976 (Cth) – held : pseudonym not justified; only part of witness statement warranted non-publication order pursuant to s 37AG(1)(c).

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 35 Family Law Act 1975 (Cth) s 121 Federal Court of Australia Act 1976 (Cth) ss 37 AF, 37AG Migration Act 1958 (Cth) s 91X