Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYXR v Minister for Immigration and Citizenship [2013] FCA 252 Citation: MZYXR v Minister for Immigration and Citizenship [2013] FCA 252
Appeal from: MZYXR v Minister for Immigration & Anor [2012] FMCA 930
Parties: MZYXR v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MICHAEL CHILCOTT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number: VID 865 of 2012
Judge: NORTH J
Date of judgment: 19 February 2013
Date of hearing: 19 February 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 23
Counsel for the Appellant: Mr R J Harris with Mr D M Robinson
Solicitor for the Appellant: Maddocks Lawyers
Counsel for the First Respondent: Ms E Latif
Solicitor for the First Respondent: Sparke Helmore
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 865 of 2012
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MZYXR
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MICHAEL CHILCOTT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
Second Respondent
JUDGE: NORTH J DATE OF ORDER: 19 FEBRUARY 2013 WHERE MADE: MELBOURNE
THE COURT DECLARES THAT in recommending to the first respondent that the appellant was not a person to whom Australia has protection obligations the second respondent made an error of law by failing to observe the requirements of procedural fairness in that the second respondent failed to consider whether the appellant had a well-founded fear of persecution in the reasonably foreseeable future as distinct from the present or immediate future. THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by the Federal Magistrates Court of Australia on 12 October 2012 be set aside. 3. The first respondent pay the appellant costs of: (a) the appeal, to be taxed in default of agreement; (b) the Federal Magistrates Court fixed in the sum of $6,471. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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