Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEPN v Minister for Immigration and Multicultural Affairs [2006] FCA 886
MIGRATION – appeal – reliance on sole ground of appeal in notice of appeal abandoned at hearing – seeking to amend notice of appeal to include two grounds not advanced before court below – circumstances where leave will be granted by appellate court – merits of proposed grounds of appeal – consideration of serious consequences where refusal of protection visa involved – where applicant legally represented at all material times – grounds of appeal concerning treatment of independent evidence by Tribunal Iyer v Minister for Immigration & Multicultural Affairs [2001] FCA 929 (FC) cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited NAJT v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 147 FCR 51 cited Wimalaratne v Minister for Immigration & Multicultural Affairs [2000] FCA 1737 (FC) cited SZEPN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & REFUGEE REVIEW TRIBUNAL NSD 52 of 2006 BRANSON J 11 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 52 of 2006
BETWEEN: SZEPN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 11 JULY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application to amend the notice of appeal be dismissed. 2. The appeal be dismissed. 3. The appellant pays the respondent's costs. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 52 of 2006
BETWEEN: SZEPN
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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