Patrick Gunning of King & Wood Mallesons writes:
The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department. In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the 2014 data security breach.
In SZWAJ the Minister proposed to remove the applicant from Australia. SZWAJ has claimed that the Minister (or the Department) has failed to consider properly the impact of the data security breach on a return by the applicant to India. The precise nature of SZWAJ’s argument is not clear from the decision, but Justice Greenwood came to the conclusion that there was an arguable point and that the removal of the applicant from Australia would be highly prejudicial to the applicant’s ability to argue the case. Accordingly, the court granted the interlocutory injunction.
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