MZZES v Minister for Immigration and Border Protection

Federal Court of Australia|2015-05-18|Before: North J

The original form of [8] and [9] in the reasons for judgment in this matter, delivered on 29 April 2015, be redacted in the form of Schedule A to these orders. The redacted form of the reasons for judgment shall be the published form.
The original copies of the judgment that were handed down in Court on 29 April 2015, and any subsequent copies of the original form of judgment in the possession of the parties, be returned to the Court by Wednesday 27 May 2015. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

8 In his answers the appellant identified [Person X] as a supervisor of the five or six people who drove the boat which brought him to Australia. [Person X] was in the Scherger Immigration Detention Centre with the appellant. The appellant responded "yes" to the question whether there was anyone in the Centre of concern to him and who had been threatening him. He provided the following details, at Question 10(f): [Person X] spoke to [Person Y] [Boat ID XXXXXX] on either [A date] or [B date] and said that he would harm his family and his parents and that if he tried to go back to Sri Lanka they would know about it at the airport. [Person Y] told his Case Manager about this. [Person X] told me the same information on [C date]. I said to [Person Y] that I would remain quiet about this and told my Case Manager about this on [D date]. [Person X] is a Sinhalese and he is here with his son - name is [Person Z] and I think his boat ID is [Boat ID YYYYYY]. The son did not say anything. They have the power to do anything as the Army and Police in Sri Lanka are all Sinhalese and they can go to any country. [Person X] has also threatened many others and they have put in complaints. 9 When asked at the end of the interview whether there was anything the officer had not asked the appellant which he would like to say, the appellant said, at Question 19: … I would like to have on record that the captain of the boat [Person X] [Boat ID ZZZZZZ] has made threats stating that he and his people will create problems and harm my family, so the danger for me has increased further. [Person X] is part of the people smugglers and it is no problem for him to kill somebody.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 256 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

JUDGE: NORTH J DATE: 18 MAY 2015 PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 On 29 April 2015 judgment was delivered in this matter, and copies of the reasons were provided to the parties. 2 Following the delivery of the judgment the first respondent raised the possibility that [8] and [9] of the judgment contained information which could lead to the identification of the appellant and that this, in the circumstances, should not occur. 3 Although the first respondent has acknowledged that the risk that the appellant will be identified through the information is remote, the first respondent applied for the information to be redacted from the judgment. The appellant had no objection to the application. 4 To avoid any risk, the information will be removed from the published version of the judgment, and any copies of the original form of the judgment delivered on 29 April 2015, which contains the information, will be returned to the Court. I certify that the preceding four (4) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice North.

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