Kadeh v Administrative Appeals Tribunal (No 2) [2021] FCA 132

Federal Court of Australia

Kadeh v Administrative Appeals Tribunal (No 2) [2021] FCA 132 File number: SAD 99 of 2020

Judgment of: BESANKO J

Date of judgment: 26 February 2021

Catchwords: PRACTICE AND PROCEDURE — application for suppression order under s 37AF of the Federal Court of Australia Act 1976 (Cth) — whether suppression order should be made to avoid possible reputational damage to applicant — where potentially damaging information has been publically available online for over two years — suppression of applicant's name is not necessary to prevent prejudice to the proper administration of justice — application refused PRACTICE AND PROCEDURE — application for stay of decisions made by the respondents — where stay sought some two and a half years after the decision sought to be stayed — where the applicant has not put forward evidence demonstrating that he has an arguable case with respect to the two decisions that he challenges — application refused

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42A, 44, 44A Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG, 45 Migration Act 1958 (Cth) s 303 Federal Court Rules 2011 (Cth) Div 33.2, r 33.13

Cases cited: Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 1) [2015] FCA 607; (2015) 331 ALR 68 Australian Competition and Consumer Commission v Valve Corporation (No 5) [2016] FCA 741 Australian Securities and Investments Commission v PTLZ [2008] FCAFC 164 C7A/2017 v Minister for Immigration and Border Protection (No 2) [2020] FCAFC 70 Computer Interchange Pty Ltd v Microsoft Corporation [1999] FCA 198; (1999) 88 FCR 438 CZP20 v Administrative Appeals Tribunal [2021] FCA 61 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Minister for Home Affairs v Zadeh [2018] FCA 1452