Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGGD v Minister for Immigration and Citizenship [2009] FCA 1250
MIGRATION – appeal from Federal Magistrate – new ground raised for first time – leave refused to rely on new ground – new ground bound to fail – whether questions asked in review hearing attracted obligations under s 424 of Migration Act 1958 (Cth) – appeal dismissed Migration Act 1958 (Cth), s 56(1), s 415, s 422B, s 424, s 424(1), s 424(2), s 424(3), s 424(3)(a), s 424A, s 424B, s 425, s 425(1), s 430, s 441A, Pt 7, Div 4 Migration Regulations 1994 (Cth), reg 4.35 Coulton v Holcombe (1986) 162 CLR 1 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Immigration and Citizenship v SZKTI (2009) 258 ALR 434 Minister for Immigration and Citizenship v SZNAV [2009] FCAFC 109 NADH v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 O'Brien v Komesaroff (1982) 150 CLR 310 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZGGD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 998 of 2009
BARKER J
4 NOVEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 998 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGGD
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BARKER J
DATE OF ORDER: 4 NOVEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs to be taxed if not agreed.
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