SZKMS v Minister for Immigration and Citizenship [2008] FCA 499

FEDERAL COURT OF AUSTRALIA

SZKMS v Minister for Immigration and Citizenship [2008] FCA 499

PRACTICE AND PROCEDURE – where new grounds sought to be raised on appeal not argued before the Federal Magistrate – where if a party was entitled to raise issues for the first time on appeal, the appeal court will become de facto the primary court – whether enough that a party is unrepresented or that the Minister will not suffer any prejudice – whether in the interests of justice to allow grounds of appeal not advanced before the Federal Magistrates Court – whether any of the proposed grounds had any merit – application to amend rejected. MIGRATION – where husband and wife appellants – whether Tribunal failed to consider an integer of the appellant wife's claim – whether Tribunal failed to comply with s 425 – whether question of relocation should have been considered – appeals dismissed. Migration Act 1958 (Cth) s 430(1)(c) Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Coulton v Holcombe (1986) 162 CLR 1 cited Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543 cited H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 cited Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 cited Iyer v Minister for Immigration and Multicultural Affairs (2001) 192 ALR 71 cited Metwally v University of Wollongong(1985) 60 ALR 68cited Minister for Immigration v Yusuf (2001) 206 CLR 323 cited SZKMS AND SZKMT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1669 OF 2007

LANDER J

21 APRIL 2008

ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1669 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZKMS

First Appellant

SZKMT