Minister for Immigration and Citizenship v MZYLF

[2011] FCA 1211

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v MZYLF [2011] FCA 1211

Citation:		Minister for Immigration and Citizenship v MZYLF [2011] FCA 1211
Appeal from:		MZYLF v Minister of Immigration and Citizenship and Anor [2011] FCA 621
Parties:		MINISTER FOR IMMIGRATION AND CITIZENSHIP v MZYLF and PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number:		VID 961 of 2011
Judge:		NORTH J
Date of judgment:		25 October 2011
Date of hearing:	20 October 2011
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellant:	Mr S Donaghue
Solicitor for the Appellant:	Australian Government Solicitor
Counsel for the First Appellant:	Mr R Niall SC
Solicitor for the First Appellant:	Victorian Legal Aid
Counsel for the Second Appellant:	The second respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 961 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant

AND:

MZYLF
First Respondent

PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	25 OCTOBER 2011
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appellant pay for the costs of a video link of the hearing of the appeal so that the first respondent is able to participate in Darwin in the hearing of the appeal to be conducted in Melbourne.

2.The appellant pay the first respondent’s costs of the application.  

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 961 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant

AND:

MZYLF
First Respondent

PETER GACS IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
Second Respondent

JUDGE:	NORTH J
DATE:	25 OCTOBER 2011
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the appellant, the Minister for Immigration and Citizenship (the Minister), pay for a video link between Darwin, where the first respondent is detained, and Melbourne, where the appeal brought by the Minister is to be heard. 

2. This appeal is to be heard together with the appeal in Minister for Immigration and Citizenship v MZYLE (VID 960 of 2011).  For the purposes of the hearing of that appeal MZYLE, the first respondent in that appeal, successfully applied for an order that the Minister pay for the video link between Darwin and Melbourne:  Minister for Immigration and Citizenship v MZYLE [2011] FCA 1210 (MZYLE). 

3. The facts relevant to the determination of this application are not materially different to the facts relevant to the determination made in the application in MZYLE.  One difference is that in the present case there is no evidence that the first respondent suffers symptoms of Post Traumatic Stress Disorder as there was in MZYLE.  That difference is not determinative. 

4. For the reasons given in MZYLE, particularly at [21], [22] and [23] to [31], there will be an order in this appeal that the Minister pay for a video link between Darwin and Melbourne for the hearing of the appeal. The Minister must pay the first respondent’s costs of the application.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:        25 October 2011