BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 586

FEDERAL COURT OF AUSTRALIA

BVC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 586 File number: NSD 480 of 2020

Judge: WIGNEY J

Date of judgment: 30 April 2020

Catchwords: PRACTICE AND PROCEDURE – application for non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) – whether order necessary to protect appellant's safety

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(c)

Date of hearing: 30 April 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 7

Solicitor for the Appellant: Mr D Taylor of Sydney West Legal and Migration

Solicitor for the Respondent: Ms H Anderson of Clayton Utz

ORDERS NSD 480 of 2020

BETWEEN: BVC20 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

JUDGE: WIGNEY J DATE OF ORDER: 30 APRIL 2020

THE COURT ORDERS THAT:

1. The appellant be assigned a new pseudonym. 2. This proceeding be assigned a new proceeding number. 3. The substantive judgment in respect of the appeal which was handed down on 30 April 2020 be published using the appellant's new pseudonym and the new proceeding number. 4. The name and citation of the judgment of the Federal Circuit Court of Australia appealed from be redacted from the first page of the published version of the substantive judgment. 5. The publication or disclosure of the appellant's original pseudonym and the original proceeding number of this proceeding, other than to the parties and the Court, be prohibited pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) on the ground that this order is necessary to protect the safety of the appellant. 6. Documents in the proceeding which display the appellant's original pseudonym and the original proceeding number are confidential for the purposes of r 2.32 of the Federal Court Rules 2011 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.