Latest Banco News

30-Oct-2014

Adam Hochroth acted for asylum seeker in data breach case in the Full Federal Court

Adam Hochroth recently acted on a pro bono basis for an asylum seeker before the Full Federal Court in SZSSJ v Minister for Immigration [2014] FCAFC 143. The case arose from the accidental release on the internet by the Department of Immigration in February 2014 of the names and other personal details of about 10,000 men, women and children in immigration detention. It was the first case of many which have been commenced to reach the Full Federal Court.

The applicant is seeking an injunction preventing his removal from Australia and orders in relation to the process which the Department must follow in assessing the implications of the data breach for his asylum claims.

In the court below, the asylum seeker's case had been dismissed for lack of jurisdiction. The Full Federal Court upheld the appeal, finding that there was jurisdiction and ordering that the case be remitted for a full trial on the merits.

The Court's reasons are available at http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/143.html