SZBMC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1882

FEDERAL COURT OF AUSTRALIA

SZBMC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1882

MIGRATION – application for a protection visa – whether Tribunal failed to consider an issue – whether Tribunal complied with requirements of s 424A of the Migration Act 1958 (Cth) – where similarities between appellant's statement and statements of other visa applicants who had the same migration adviser – whether similarities were part of the reason for Tribunal affirming decision under review. PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – whether expedient in the interests of justice to grant leave to amend.

Migration Act 1958 (Cth) s 424A Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited In Marriage of F (2001) 161 FLR 189 cited Ling v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1069 distinguished Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162referred to SZDQL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 769 referred to VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 cited VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 cited

SZBMC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1182 of 2005 BRANSON J 21 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1182 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBMC

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT