Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZARZ v Minister for Immigration and Border Protection [2014] FCA 287 Citation: WZARZ v Minister for Immigration and Border Protection [2014] FCA 287
Appeal from: WZARZ v Minister for Immigration & Anor [2013] FCCA 1543
Parties: WZARZ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ANGELA CRANSTON IN HER CAPACITY AS INDEPENDENT PROTECTION ASSESSOR
File number: WAD 412 of 2013
Judge: NORTH J
Date of judgment: 7 March 2014
Date of hearing: 7 March 2014
Place: Perth
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 12
Counsel for the Appellant: Mr D V Blades
Solicitor for the Appellant: Case for Refugees
Counsel for the Respondents: Mr P R Macliver
Solicitor for the Respondents: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 412 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: WZARZ
Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
ANGELA CRANSTON IN HER CAPACITY AS INDEPENDENT PROTECTION ASSESSOR
Second Respondent
JUDGE: NORTH J DATE OF ORDER: 7 MARCH 2014 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal from the judgment of the Federal Circuit Court given on 14 October 2013 be allowed. 2. Orders 2 and 3 of the orders made by the Federal Circuit Court on 14 October 2013 be set aside. 3. The Court declares that the second respondent in her capacity as Independent Protection Assessor, did not make her recommendation of 31 July 2012 according to law. 4. The Court orders that the first respondent, whether by himself or by his servants, officers, delegates or agents be restrained from relying upon the second respondent's recommendation of 31 July 2012. 5. There be no order as to costs in relation to the appeal and the proceedings before the Federal Circuit Court. 6. The appellant pay the first respondent's costs of the hearing on 7 March 2014 fixed in the sum of $500. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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