DZACV v Minister for Immigration and Citizenship [2012] FCA 1443

FEDERAL COURT OF AUSTRALIA

DZACV v Minister for Immigration and Citizenship [2012] FCA 1443 Citation: DZACV v Minister for Immigration and Citizenship [2012] FCA 1443

Appeal from: DZACV v Minister for Immigration & Anor [2012] FMCA 678

Parties: DZACV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and CHRIS PACKER IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NTD 29 OF 2012

Judge: MANSFIELD J

Date of judgment: 17 December 2012

Date of hearing: 15 November 2012

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 51

Counsel for the Appellant: A Burt

Solicitor for the Appellant: Northern Territory Legal Aid Commission

Counsel for the Respondents: T Liveris

Solicitor for the Respondents: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 29 OF 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: DZACV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

CHRIS PACKER IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 17 DECEMBER 2012 WHERE MADE: ADELAIDE

THE COURT DECLARES THAT:

1. The decision of the Reviewer made on 5 January 2012 was reached in circumstances where the Reviewer failed to accord to the appellant procedural fairness. THE COURT ORDERS THAT: 1. The orders of the Federal Magistrate of 7 August 2012 be set aside. 2. The first respondent pay to the appellant his costs of the application in the Federal Magistrates Court and of this appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 29 OF 2012