MZXHY v Minister for Immigration and Citizenship [2007] FCA 622

FEDERAL COURT OF AUSTRALIA

MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 MIGRATION – appeal – refusal by tribunal of application for protection visa – fresh evidence of business tendered before Federal Magistrate but not admitted – Federal Magistrate not in error in refusing evidence directed to contravening a question of fact before the Tribunal – leave not appropriate to argue new grounds alleged to go to jurisdictional error – such grounds having little prospect of success in any event – no failure by Tribunal to consider membership of a particular social group of businessmen when particularity of group not identified to Tribunal – no arguable denial of natural justice when need to obtain documentation from Sri Lanka not identified to Tribunal – no misapplication of s 424A(1) Migration Act 1958 (Cth) ss 422B, 424A(1), 424A(3), 424A(3)(b) Abebe v The Commonwealth (1999) 197 CLR 510 Coulton v Holcombe (1986) 162 CLR 1 Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 Minister for Immigration and Multicultural Affairs v Lat (2006) 151 FCR 214 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 O'Brien v Komesaroff (1982) 150 CLR 310 Ozberk v Minister for Immigration and Multicultural Affairs (1998) 79 FCR 249 Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Re Rudduck; Ex parte Reyes (2000) 75 ALJR 465 S115/00A v Minister for Immigration and Multicultural Affairs (2001) 180 ALR 561 Servos v Repatriation Commission (1995) 56 FCR 377 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 1679 Stead v State Government Insurance Commission (1986) 161 CLR141 SZCIJ v Minister for Immigration & Multicultural Affairs [2006] FCAFC 62 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 SZEIV v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1798 Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 Turner v Minister for Immigration and Ethnic Affairs (1981) 55 FLR 180 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 MZXHY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL VID 1313 OF 2006