Federal Court of Australia
FEDERAL COURT OF AUSTRALIA SZIGW v Minister for Immigration and Citizenship [2007] FCA 203
MIGRATION - appeal from decision of Federal Magistrate – application for protection visa – whether jurisdictional error – whether Tribunal failed in alleged statutory duty to negative appellant's asserted risk of prosecution by Chinese authorities.
PRACTICE AND PROCEDURE – leave to amend notice of appeal – ground not raised before Federal Magistrate – no reasonable prospects of success. Migration Act 1958 (Cth), ss 425, 425A, 426(1) and 441A(4) Migration Regulations 1994 (Cth), Reg 4.35D Cubillo v Commonwealth (2001) 183 ALR 249 referred to Federal Commissioner of Taxation v Brambles Holdings Ltd (1991) 28 FCR 451 referred to H v Minister for Immigration & Multicultural Affairs[2000] FCA 1348 cited Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration & Multicultural Affairs v SGLB (2004) 207 ALR 12 cited NAVX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 346 cited NAVX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 287 cited NAYU v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 528 cited Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 cited S58 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 283 cited SJSB v Minister for Immigration [2004] FCAFC 215 cited SZBCS v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1457 cited SZDJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 214 cited VAAC v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 129 FCR 168 cited VCAK of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 459 cited WAGJ of 2002 v Minister for Immigration & Multicultural Affairs [2002] FCAFC 277 cited W389/01A v Minister for Immigration & Multicultural Affairs (2002) 125 FCR 407 cited Water Board v Moustakas (1988) 77 ALR 193 referred to SZIGW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2393 OF 2006
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