DZAAD v Department of Immigration and Citizenship [2013] FCA 204

FEDERAL COURT OF AUSTRALIA

DZAAD v Department of Immigration and Citizenship [2013] FCA 204 Citation: DZAAD v Department of Immigration and Citizenship [2013] FCA 204

Appeal from: Application for extension of time: DZAAD v Minister for Immigration and Citizenship [2012] FMCA 1017

Parties: DZAAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and RON WITTON IN HIS CAPACITY AS THE INDEPENDENT MERITS REVIEWER

File number: NTD 40 of 2012

Judge: FOSTER J

Date of judgment: 6 March 2013

Legislation: Migration Act 1958 (Cth), s 36(2)(aa), s 46A(2) Migration Amendment (Complementary Protection) Act 2011 (Cth), Items 12 and 35, Sch 1 Federal Court Rules 2011, r 36.05

Cases cited: DZAAD v Minister for Immigration and Citizenship [2012] FMCA 1017 related Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 3 FCR 344 followed Jess v Scott (1986) 12 FCR 187 applied Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 applied Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362 cited MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 cited Parker v The Queen [2002] FCAFC 133 applied Peck v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 810 followed Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 applied Re Minister for Immigration and Multicultural Affairs, Ex parte Applicant S20/2002 [2003] HCA 30 cited SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 cited SZRPA v Minister for Immigration and Citizenship [2012] FCA 962 cited Vu v Minister for Immigration and Citizenship (2008) 101 ALD 211 cited