SZBWJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 13

FEDERAL COURT OF AUSTRALIA

SZBWJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 13 PRACTICE AND PROCEDURE – application for leave to raise new grounds of appeal from decision of Federal Magistrate – proposed new grounds could have been raised before Federal Magistrate Judiciary Act 1903 (Cth), s39B Migration Act 1958 (Cth), ss 29, 31, 36, 46, 47, 411, 412, 414, 415, 424, 424A, 426 Migration Regulations 1994 (Cth), rr 2.07, schedule 1 item 1401 Cases referred to NAGC & Ors v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FMCA 171 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 SAAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 215 ALR 162 WAGP of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 124 FCR 276 SZBWJ, SZBWK, SZBWL AND SZBWM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 711 OF 2005 MOORE, NICHOLSON AND EMMETT JJ 22 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD711 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBWJ

FIRST APPELLANT

SZBWK

SECOND APPELLANT

SZBWL

THIRD APPELLANT

SZBWM

FOURTH APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT JUDGES: MOORE, NICHOLSON AND EMMETT JJ

DATE OF ORDER: 22 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave to amend the Notice of Appeal to raise a new ground of appeal be refused. 2. The appeal be dismissed. 3. The first and second appellants pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.