Minister for Immigration and Border Protection v Egan [2018] FCA 1320

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Egan [2018] FCA 1320 Appeal from: SYYD v Minister for Immigration and Border Protection (Citizenship) [2017] AATA 2705

File number: NSD 2261 of 2017

Judge: ALLSOP CJ

Date of judgment: 28 August 2018

Catchwords: PRACTICE AND PROCEDURE – request by non-party for access of documents on the Court file – restricted documents – objection by the respondent – principle of open justice – reliance on requested documents in open court – no confidentiality orders or suppression orders – no basis for refusing leave to access requested documents

Legislation: Federal Court of Australia Act 1976 (Cth), ss 17, 37AE, 37AG Federal Court Rules 2011 (Cth), rr 2.31, 2.32

Cases cited: John Fairfax Group v Local Court of NSW (1992) 26 NSWLR 131 Australian Competition and Consumer Commission v Cascade Coal (No 1) [2015] FCA 607

Date of last submissions: 27 August 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

Solicitor for the Appellant: A Markus of Australian Government Solicitor

Solicitor for the Respondent: W Ahmed of Buttar, Caldwell & Co

ORDERS NSD 2261 of 2017

BETWEEN: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Appellant

AND: FINIAN JAMES EGAN Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 28 August 2018

THE COURT ORDERS THAT:

1. Leave be granted to Mr Keith Moor to inspect and copy the following documents on the Court's file for this proceeding: (a) The written submissions of the appellant filed on 2 August 2018. (b) The written submissions of the respondent filed on 9 August 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.