SZMIP v Minister for Immigration and Citizenship [2009] FCA 217

FEDERAL COURT OF AUSTRALIA

SZMIP v Minister for Immigration and Citizenship [2009] FCA 217

MIGRATION – failure to identify grounds of appeal from decision of Magistrate – standard form notice of appeal – lack of consistency in decisions – no error in not resolving a claim not previously advanced – appeal dismissed

Federal Court Rules 1979 (Cth) O 52 r 13(2)(b)

Apthorpe v Repatriation Commission (1987) 13 ALD 656, cited Commonwealth v Evans [2004] FCA 654, 81 ALD 402, cited Re Confidential and Australian Prudential Regulation Authority [2005] AATA 1264, 91 ALD 435, cited Re Drake and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 634, cited Federal Commissioner of Taxation v Swift (1989) 18 ALD 679, cited Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609, cited Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, 206 CLR 323, cited MZXLB v Minister for Immigration and Citizenship [2007] FCA 1588, cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, 144 FCR 1, cited NAXD v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 243, followed Nevistic v Minister for Immigration and Ethnic Affairs (1981) 51 FLR 325, cited Pepaj v Minister for Immigration and Multicultural Affairs (unreported, FCA, Merkel J, SG 101 of 1998, 25 November 1998), cited SZDLQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 696, cited SZEIV v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1798, cited SZEZE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 122, cited SZEZJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 946, cited SZFYW v Minister for Immigration and Citizenship [2008] FCA 1259, cited SZGBI v Minister for Immigration & Citizenship [2008] FCA 599, cited SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138, 171 FCR 1, cited SZJJC v Minister for Immigration and Citizenship [2008] FCA 614, cited SZJOC v Minister for Immigration and Citizenship [2008] FCA 1342, cited SZKMS v Minister for Immigration and Citizenship [2008] FCA 499, cited SZLWI v Minister for Immigration and Citizenship [2008] FCA 1330, 171 FCR 134, cited SZMIP v Minister for Immigration and Citizenship [2008] FMCA 1665, affirmed SZMIP AND ORS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR