First asylum seekers in court over release of their personal information
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Version 0 of 1. Asylum seekers whose personal information was disclosed in a data breach by the Department of Immigration and Citizenship appeared in the federal magistrates court on Wednesday in the first legal challenge over the blunder. Lawyers representing seven asylum seekers being held in Villawood detention centre in Sydney told Justice Driver they intended to bring claims under the Migration Act and the Privacy Act. The asylum seekers listened in the courtroom with Villawood guards. “Unfortunately these matters don’t fit neatly into the usual form … because of the unique circumstances,” said Shane Prince, who appeared for the asylum seekers. “I would propose seeking declarations that there had been a breach of the Migration Act by the release of the information and second a breach of the Privacy Act.” But counsel for the immigration minister, Scott Morrison, said his position was that “it was premature to bring these cases before the court”. The asylum seekers had received correspondence from the department advising them of other options they could take in relation to the privacy breach, including making complaints to the Immigration Department or the privacy commissioner. Prince said the department still hadn’t acknowledged whether there was a breach of the Privacy Act. In February, Guardian Australia revealed the Department of Immigration had inadvertently released on its website the private details of almost 10,000 asylum seekers. Dozens of legal cases are now being lodged by asylum seekers around Australia as a result of the breach, and the department has been forced to delay a number of deportations. A further directions hearing will be held on 4 April to allow for amended applications. |