Norkin v University of New England [2023] NSWCA 26

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Norkin v University of New England [2023] NSWCA 26 Hearing dates: On the papers Date of orders: 28 February 2023 Decision date: 28 February 2023 Before: Leeming JA; Basten AJA Decision: 1. List the summons seeking leave to appeal for a concurrent hearing of the application for leave to appeal and the appeal itself, confined to the ground "Whether the conduct of the University in undertaking a pre-assessment of the applicant's brother's visa eligibility within the Commonwealth "Simplified Student Visa Framework" complied with the Privacy and Personal Information Protection Act 1998 (NSW)", on a date to be fixed by the Registrar. 2. Direct the Registrar to appoint counsel to appear as amicus curiae. Catchwords: APPEALS – leave to appeal – university collection of personal information for purpose of pre-visa assessment – whether compliance with Privacy and Personal Information Protection Act 1998 (NSW) – other proposed grounds of appeal not warranting grant of leave – concurrent hearing of question whether compliance with Privacy and Personal Information Protection Act – other grounds dismissed Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW), ss 8, 10, 17, 18 Migration Act 1958 (Cth) University of New England Act 1993 (NSW), s 6 Cases Cited: DQV v University of New England [2021] NSWCATAP 208 Norkin v University of New England [2022] NSWSC 819 Category: Principal judgment Parties: Anton Norkin (Applicant) University of New England (First Respondent) Civil and Administrative Tribunal of New South Wales (Second Respondent – submitting appearance) Representation: Applicant (self-represented) C Tipene (solicitor) (First Respondent)