SZGIZ v Minister for Immigration (No.2)
[2012] FMCA 970
•18 October 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SZGIZ v MINISTER FOR IMMIGRATION (No.2) | [2012] FMCA 970 |
| MIGRATION – Application for transfer to the Federal Court of Australia – application granted. |
| Migration Act 1958 (Cth), s.476 |
| SZGIZ v Minister for Immigration [2012] FMCA 969 SZRWI v Minister for Immigration [2012] FMCA 968 SZRVV v Minister for Immigration [2012] FMCA 967 |
| Applicant: | SZGIZ |
| Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| File Number: | SYG 2253 of 2012 |
| Judgment of: | Nicholls FM |
| Hearing date: | 18 October 2012 |
| Date of Last Submission: | 18 October 2012 |
| Delivered at: | Sydney |
| Delivered on: | 18 October 2012 |
REPRESENTATION
| Appearing for the Applicant: | Mr M Jones |
| Solicitors for the Applicant: | Parish Patience Immigration Lawyers |
| Appearing for the Respondent: | Ms E Baggett |
| Solicitors for the Respondent: | DLA Piper Australia |
ORDERS
Pursuant to s.39 of the Federal Magistrates Court Act 1999 (Cth) and r.8.02 of the Federal Magistrates Court Rules 2001 (Cth), the matter be transferred to the NSW Registry of the Federal Court of Australia.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 2253 of 2012
| SZGIZ |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
Respondent
REASONS FOR JUDGMENT
(Ex tempore; Revised from Transcript)
By way of application made on 11 October 2012, pursuant to s.476 of the Migration Act 1958 (Cth) (“the Act”), the applicant sought review of the decision of the Minister’s delegate, made on 10 October 2012, which determined that an application for a protection visa made by the applicant on 10 October 2012 was not validly made.
The matter was placed in the docket of another Federal Magistrate and listed for a first Court date on 5 December 2012. However, by way of Notice of Motion, made on the afternoon of 11 October 2012, the applicant sought orders staying his removal from Australia pending consideration by the Court of the legal issue raised in his substantive application. As duty Federal Magistrate it fell to me to consider that matter. The matter came before me at 4.30pm that afternoon and Mr M Jones appeared for the applicant and Mr P Knowles of counsel appeared for the respondent. Ultimately orders were made by me staying the removal of the applicant from Australia (see SZGIZ v Minister for Immigration & Citizenship [2012] FMCA 969).
Orders were also made on that occasion setting the matter down for final hearing before me at 2.15pm on 5 November 2012.
The applicant subsequently advised, by email to Chambers on 16 October 2012, that counsel was not available on that date. In those circumstances, utilising the liberty granted by Order 8 of the orders made by me on 11 October 2012, requested that the matter be listed for further directions. The matter was ultimately listed for further directions at 1.45pm on 18 October 2012. That is, today.
When the matter was called today, Mr Jones has appeared again for the applicant. Ms E Baggett appeared for the respondent. The parties handed up a Short Minute of Order which provided that the matter be transferred to the Federal Court of Australia by consent of both parties.
In light of the two matters that were before me yesterday, 17 October 2012 (see SZRWI v Minister for Immigration & Citizenship [2012] FMCA 968 and SZRVV v Minister for Immigration & Citizenship [2012] FMCA 967) I will make that order.
In addition to the reasons provided in those judgments, I note that this applicant is held in immigration detention and, in light of that, the expediency issues discussed in those other matters are of even greater weight in this matter.
I will make the order as sought by the parties and as set out in the Short Minute of Order.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Nicholls FM
Date: 23 October 2012
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