Kumar v Minister for Immigration and Citizenship [2008] FCA 634

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration and Citizenship [2008] FCA 634 MIGRATION LAW – application for non-publication – judgment said to disclose confidential information – prejudice of non-publication. Held: no identified prejudice of non-publication – application allowed.

AMIT KUMAR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

NSD 1404 of 2007

TAMBERLIN J

9 MAY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1404 of 2007

BETWEEN: AMIT KUMAR

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 9 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Subject to Order 2, the judgment and reasons of the Full Court in this matter dated 29 April 2008, the transcript of any hearings in this matter and any written submissions filed in relation to this matter, not be published until whichever of the following first occurs: 1.1 determination by the High Court of any application for special leave to appeal; or 1.2 if no application for special leave to appeal is made, 28 May 2008 (being 29 days after the date of the Full Court's judgment); or 1.3 a decision by the first respondent before 28 May 2008 not to apply for special leave to appeal the Full Court's judgment. 2. Order 1 does not apply to: 2.1 the legal representatives of the appellant and first respondent; and 2.2 an officer of the High Court of Australia or Federal Court of Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1404 of 2007

BETWEEN: AMIT KUMAR

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP