Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYWC v Minister for Immigration and Citizenship [2012] FCA 1457 Citation: MZYWC v Minister for Immigration and Citizenship [2012] FCA 1457
Appeal from: MZYWC v Minister for Immigration & Anor [2012] FMCA 797
Parties: MZYWC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and DAVID CORRIGAN IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: VID 758 of 2012
Judge: GRAY J
Date of judgment: 29 November 2012
Catchwords: EVIDENCE – admissibility – whether a matter of discretion – question whether appellant had mental capacity to participate in hearing before independent merits reviewer in relation to his claim for a protection visa – appellant relied on report of expert as to his mental condition – federal magistrate held report inadmissible – relied on weight and on conflicting evidence – no exercise of power to exclude admissible evidence because probative value outweighed by other factors – whether error by federal magistrate HIGH COURT AND FEDERAL COURT – appeal – orders – consent orders – whether Court should make consent orders – consent orders based on incorrect assumption about basis of judgment the subject of appeal – appeal raised questions capable of being determined conclusively by appeal court
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