Minister for Immigration & Ethnic Affairs v. Quan, R.G. & Ors [1994] FCA 990

UUDGMENT No. sane 22,4 4

ecvensseeess

CATCHWORDS

PRACTICE AND PROCEDURE - suppression orders - application under s 50 Federal Court of Australia Act 1976 to suppress names of parties asserting claim to refugee status - application made after case proceeded to judgment - prior publication of names

undermines benefit of order.

Federal Court of Australia Act 1976, s 50

A v Minister for Immigration and Ethnic Affairs, 5 December 1994, Unreported, Lindgren J.

16 DEC 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v RU GUANG QUAN & ORS NG _327 OF 1994

Sackville J. 16 December, 1994 Sydney.

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FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 327 of 1994

GENERAL DIVISION )

BETWEEN:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Applicant

AND:

RU GUANG QUAN First Respondent

YE LIU XIN Second Respondent

JANET WOOD, MEMBER THE REFUGEE REVIEW TRIBUNAL,

Third Respondent

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 16 DECEMBER 1994

MINUTES OF ORDER

THE T ORDE THAT: - 1, / fhe application be dismissed. f 4 2." The orders made on 6 December 1994 and extended until

oe

| 'further order on 13 December 1994 be discharged.

Seooget

a)

NOTE: Settlement and entry of orders is dealt with in Y Order 36 of the Federal Court Rules.

FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 327 of 1994

GENERAL DIVISION )

BETWEEN:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Applicant

AND:

RU GUANG QUAN First Respondent

YE LIU XIN Second Respondent

JANET WOOD,

MEMBER THE REFUGEE REVIEW TRIBUNAL

Third Respondent

CORAM: SACKVILLE J. PLACE : SYDNEY DATE: 16 DECEMBER 1994

REASONS FOR JUDGMENT

In this matter, I delivered judgment on 6 December 1994. I ordered at that time that the application by the Commonwealth, seeking review of decisions by the Refugee Review Tribunal, be dismissed. The Tribunal had found, in effect, that the