BZAAB v Minister for Immigration and Citizenship (No 2)

[2011] FCA 430

FEDERAL COURT OF AUSTRALIA

BZAAB v Minister for Immigration and Citizenship (No 2) [2011] FCA 430

Citation:		BZAAB v Minister for Immigration and Citizenship (No 2) [2011] FCA 430
Appeal from:		BZAAB v Minister for Immigration & Anor [2011] FMCA 174
Parties:		BZAAB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		QUD 56 of 2011
Judge:		LOGAN J
Date of judgment:		28 April 2011
Date of order:	28 April 2011
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	1
Counsel for the Appellant:	The appellant in person (order in chambers by consent)
Solicitor for the Respondents:	Clayton Utz (order in chambers by consent)

IN THE FEDERAL COURT OF AUSTRALIA
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 OF ORDER:	28 APRIL 2011
WHERE MADE:	BRISBANE

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.

IN THE FEDERAL COURT OF AUSTRALIA
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:

Dated:        29 April 2011