Minister for Immigration and Citizenship v MZYLF (No 2) [2011] FCA 1468

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v MZYLF (No 2) [2011] FCA 1468 Citation: Minister for Immigration and Citizenship v MZYLF (No 2) [2011] FCA 1468

Appeal from: MZYLF v Minister for Immigration and Citizenship & Anor [2011] FMCA 621

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYLF and PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 961 of 2011

Judge: NORTH J

Date of judgment: 19 December 2011

Date of hearing: 28 October 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 14

Counsel for the Appellant: Dr S Donaghue

Solicitor for the Appellant: Australian Government Solicitor

Counsel for the First Respondent: Mr R Niall SC with Ms A Burt

Solicitor for the First Respondent: Victorian Legal Aid

Counsel for the Second Respondent: The second respondent did not appear.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 961 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

AND: MZYLF

First Respondent

PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 19 DECEMBER 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is allowed in part. 2. Paragraph 1(a) of the orders made by the Federal Magistrates Court on 15 August 2011 is set aside. 3. No orders as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.