WZAQU v Minister for Immigration and Citizenship (No 2) [2013] FCA 403

WZAQU v Minister for Immigration and Citizenship (No 2) [2013] FCA 403

It is appropriate to vary the orders previously made under r 39.04 of the Federal Court Rules 2011 where the orders have not been entered, the parties agree on the changes, and the varied orders better reflect the reasons for decision and relevant authorities. Here, the Second Respondent committed errors of law by not considering the Appellant's persecution claim based on involvement with the Ahwazian community in Australia, and the orders were varied accordingly.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Appeal / Orders on Appeal After Original Orders Set Aside, Final Variation of Orders
Outcome
Appeal allowed; previous orders set aside and new orders substituted by consent; costs awarded to appellant
Legal Topics
['variation of Orders' 'errors of Law' 'costs' 'jurisdiction to Vary Orders']
['practice and Procedure' 'migration Law'] ['variation of Orders' 'errors of Law' 'costs' 'jurisdiction to Vary Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Orders on Appeal After Original Orders Set Aside, Final Variation of Orders

Legal Issues

  1. 1 ['Whether the orders previously made should be varied under r 39.04 of the Federal Court Rules 2011' "Whether the Second Respondent failed to consider the Appellant's claim relating to fear of persecution in Iran due to involvement with the Ahwazian community" "Appropriateness and limits of the Court's power to vary unentered orders"]

Ratio Decidendi

It is appropriate to vary the orders previously made under r 39.04 of the Federal Court Rules 2011 where the orders have not been entered, the parties agree on the changes, and the varied orders better reflect the reasons for decision and relevant authorities. Here, the Second Respondent committed errors of law by not considering the Appellant's persecution claim based on involvement with the Ahwazian community in Australia, and the orders were varied accordingly.

Court Disposition

Appeal allowed; previous orders set aside and new orders substituted by consent; costs awarded to appellant

Orders

  • ['The orders made on 12 April 2013 are set aside.' 'The appeal is allowed.' 'The judgment and orders of Emmett FM in Federal Magistrates Court of Australia proceedings number PEG53/2012 on 10 October 2012 are set aside.' "The Court declares that in recommending to the First Respondent that the Appellant be not...