DQV v University of New England [2021] NSWCATAP 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQV v University of New England [2021] NSWCATAP 208 Hearing dates: 22 January 2021, 22 February 2021 (closing submissions due by 5 April 2021) Date of orders: 9 July 2021 Decision date: 09 July 2021 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal on grounds 1 and 3 is refused. (2) Appeal is dismissed. Catchwords: APPEALS – Privacy – Where respondent collected personal information of prospective overseas students and their sponsors for the purpose of making a pre-visa assessment to be provided to a Commonwealth entity - Whether respondent's purpose of collection was directly related to a function or activity of the respondent – Whether leave should be granted where error of fact established – Whether appellant entitled to appeal in respect of finding about the personal information of his brother, a co-applicant, where brother had not appealed – Whether Tribunal had erred by making findings in reliance upon a policy which had not been published at relevant times Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Education Services for Overseas Students Act 2000 (Cth) Migration Act 1958 (Cth) Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 (Cth) Migration Regulations 1994 (Cth) University of New England Act 1993 (NSW) Cases Cited: Alam v Insurance and Care NSW [2020] NSWCATAP 215 Coco v R [1994] HCA 15; (1994) 179 CLR 427 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Destination NSW v Taylor [2019] NSWCATAP 123 DQU v University of New England [2020] NSWCATAD 226 Housing Commission of New South Wales v Tatmar New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; 100 NSWLR 578 Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Thomas v Commissioner of Police, NSW Police Force (No 2) [2019] NSWCATAP 76 Texts Cited: None cited Category: Principal judgment Parties: DQV (Appellant) University of New England (First Respondent) DQU (Second Respondent) Representation: Solicitors: Appellant (Self Represented) Sparke Helmore Lawyers (First Respondent) No Appearance (Second Respondent) File Number(s): 2020/00371087 (AP 20/42878) Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication of the name of the appellant and the second respondent is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 226 Date of Decision: 11 September 2020 Before: S Higgins, Senior Member File Number(s): 2018/00367583