MZYLY v Minister for Immigration and Citizenship [2012] FCA 357

FEDERAL COURT OF AUSTRALIA

MZYLY v Minister for Immigration and Citizenship [2012] FCA 357 Citation: MZYLY v Minister for Immigration and Citizenship [2012] FCA 357

Appeal from: MZYLY v Minister for Immigration & Anor [2011] FMCA 781

Parties: MZYLY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MR LUKE HARDY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: VID 1201 of 2011

Judge: NORTH J

Date of judgment: 5 April 2012

Date of hearing: 14 February 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 80

Counsel for the Appellant: Ms E Bennett

Solicitor for the Appellant: Victoria Legal Aid

Counsel for the Respondents: Mr R Knowles

Solicitor for the Respondents: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1201 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MZYLY

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MR LUKE HARDY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

JUDGE: NORTH J DATE OF ORDER: 14 FEBRUARY 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave to the appellant to rely on a new ground of appeal which alleges that the appellant was denied procedural fairness by the second respondent failing to draw his attention to the 2010 UNHCR Eligibility Guidelines on Afghanistan is refused. 2. The appeal is dismissed. 3. The appellant pay the first respondent's costs of the appeal. Note: The entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.