BFBZ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 234

1. As is apparent from the above passages, the Minister accepted that the applicant's mental health issues may worsen if she were to return to New Zealand, including because of likely emotional and other hardship because of a "lack of family and support". The Minister's further reference to the applicant having "some extended family in New Zealand" merely recorded a fact the applicant had herself declared. I do not consider that the Minister adverted to this fact to mitigate or otherwise discount the hardship that the applicant would likely endure upon returning to New Zealand. The Minister here was drawing upon the materials the applicant had put before the delegate and the Tribunal. In my view, there was no error in fact finding.
2. I am not satisfied that the applicant has established any error, let alone legal unreasonableness. Accordingly, Ground 3 fails.

1. The applicant sought orders under s 37AF of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) seeking the suppression and non-publication of her identity. The orders were pressed on the basis that the materials before the Court disclosed that the applicant had been subjected to a sexual assault when she was a minor. It was submitted that it was necessary to make the orders to prevent prejudice to the proper administration of justice: s 37AG(1)(a) of the FCA Act. The applicant submitted that the orders should be made for 50 years. The applicant also observed that confidentiality orders were made by the Tribunal.
2. The Minister did not oppose the making of orders on a final basis including for the period for which they were sought.
3. At the hearing before me, I made orders on an interim basis pursuant to s 37AI of the FCA Act. Having considered the matter further, I am satisfied that the orders should be made under s 37AF on the ground specified in s 37AG(1)(a). The orders are necessary to prevent prejudice to the proper administration of justice which would otherwise be occasioned by the disclosure of information that would identify that the applicant was the subject of a serious sexual assault that was perpetrated when she was a child. Pursuant to s 37AJ of the FCA Act, in doing so the Court must "ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made". The applicant sought a period of 50 years in view of the applicant's current age. I am satisfied that the order should operate for that duration.

1. The further amended originating application should be dismissed and the applicant should pay the Minister's costs as agreed or taxed. However, I will make orders under s 37AF as set out above.

I certify that the preceding forty-nine (49) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Shariff.