Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZAUP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 116 Appeal from: WZAUP v Minister for Immigration & Anor [2019] FCCA 2310
File number: WAD 471 of 2019
Judge: RARES J
Date of judgment: 5 February 2020
Catchwords: MIGRATION – protection visa – where sole ground in Federal Circuit Court for judicial review failed and appellant sought leave to amend notice of appeal to raise only new grounds - where trial judge included in reasons for judgment appellant's date of birth and details of claims when not relevant to any issue - where appellant's personal information previously disclosed in unauthorised "data breach" by Department of Immigration - where Tribunal found that personal information disclosed by data breach downloaded in country in which appellant feared harm - where disclosure of appellant's date of birth and claims in reasons for judgment could enable him to be identified by persons who accessed what was disclosed in data breach – where no jurisdictional error in Tribunal decision but mistake of Court in reasons for judgment creates new claim – consideration of whether declaratory relief appropriate.
Legislation: Migration Act 1958 (Cth), ss 48B, 91X, 336E, 476 Constitution, s 75
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Coulton v Holcombe (1986) 162 CLR 1 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Heavener v Looomes (1924) 34 CLR 306 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 Rodger v The Comptoir d' Escompte de Paris (1871) LR 3 PC 465 SZITH v Minister for Immigration and Citizenship (2008) 105 ALD 541 SZKOB v Minister for Immigration and Citizenship [2007] FCA 1949 SZMOO v Minister for Immigration and Citizenship [2009] FCA 211 The Commonwealth v McCormack (1984) 155 CLR 273 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 WZASX v Minister for Immigration and Border Protection [2017] FCA 1415
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