FEDERAL COURT OF AUSTRALIA
BZAAB v Minister for Immigration and Citizenship (No 2) [2011] FCA 430
IN THE FEDERAL COURT OF AUSTRALIA | |
| Appellant | |
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The matter BZAAB v Minister for Immigration and Citizenship and Anor (QUD56/2011) be transferred to the New South Wales District Registry of the Federal Court of Australia to be heard in the May appeal period pursuant to s 48 of the Federal Court of Australia Act 1976 (Cth) and O 30 r 6 of the Federal Court Rules (Cth).
2. That the costs of and incidental to the Application be reserved.
THE COURT DIRECTS THAT:
3. Pursuant to O 10 r 2(f) of the Federal Court Rules (Cth) that the Registrar of the Federal Court cause to be transmitted all documents in their charge relating to the proceeding BZAAB v Minister for Immigration and Citizenship and Anor (QUD56/2011) to the New South Wales District Registry of the Federal Court of Australia.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court’s website.
QUEENSLAND DISTRICT REGISTRY | |
GENERAL DIVISION | QUD 56 of 2011 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
BETWEEN: | BZAAB Appellant
|
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent
|
JUDGE: | LOGAN J |
DATE: | 28 APRIL 2011 |
PLACE: | BRISBANE |
REASONS FOR JUDGMENT
1 Since this case was last before me, it has emerged that space can be found in the Sydney appeals list in May to hear this appeal that month, albeit a little later in the month than I could hear it in Brisbane. An endeavour was made to canvas this development with the appellant at a telephone directions hearing but, notwithstanding earnest attempts on the part of those representing the Minister to organise this, it proved impossible, given the situation at the Villawood Detention Centre on the day following the riot and arson of facilities there. Since then, an affidavit has been filed by reference to which it is plain that, with the assistance of an interpreter, the appellant has made an informed choice to have her appeal heard in Sydney. The Minister favours this choice of venue as well. Now that the case can be heard within a reasonable time in Sydney, there is no reason to put the appellant to the inconvenience or the Minister to the expense of an appeal hearing in Brisbane. For these reasons, I approve the making of an order in terms of the consent for the transfer of the case to Sydney.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Logan. |
Associate:
