Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZNSC v Minister for Immigration and Citizenship [2009] FCA 1436
MIGRATION — application for refugee status — grounds not pressed before Federal Magistrate — grounds sought to be advanced on appeal — leave to raise new grounds — whether different considerations apply to the grant of leave in migration cases PRACTICE AND PROCEDURE — grounds not pressed before Federal Magistrate — grounds sought to be advanced on appeal Held: Appeal dismissed Federal Court of Australia Act 1976 (Cth), s 27 CA Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539, 52 IPR 42, referred to Coulton v Holcombe (1986) 162 CLR 1, applied Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788, applied Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, 192 ALR 71, cited Metwally v University of Wollongong(1985) 60 ALR 68, applied NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134, 147 FCR 51, applied NBMB v Minister for Immigration and Citizenship [2008] FCA 149, 100 ALD 118, cited SZBLY v Minister for Immigration and Citizenship [2007] FCA 765, referred to SZEPN v Minister for Immigration and Multicultural Affairs [2006] FCA 886, cited SZFYK v Minister for Immigration and Multicultural Affairs [2007] FCA 624, referred to SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578, referred to SZKMS v Minister for Immigration and Citizenship [2008] FCA 499, applied SZLWE v Minister for Immigration and Citizenship [2008] FCA 1343, cited SZMRD v Minister for Immigration and Citizenship [2009] FCA 598, referred to SZNSC v Minister for Immigration and Citizenship [2009] FMCA 945, affirmed VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, discussed WAJR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 106, 204 ALR 624, cited White v Minister for Immigration and Multicultural Affairs [2000] FCA 232, 96 FCR 511, referred to SZNSC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
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