SZNOY v Minister for Immigration and Citizenship [2010] FCA 1192

FEDERAL COURT OF AUSTRALIA

SZNOY v Minister for Immigration and Citizenship [2010] FCA 1192

Citation: SZNOY v Minister for Immigration and Citizenship [2010] FCA 1192

Appeal from: SZNOY v Minister for Immigration and Citizenship and Anor [2010] FMCA 510

Parties: SZNOY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1020 of 2010

Judge: COLLIER J

Date of judgment: 3 November 2010

Catchwords: PRACTICE AND PROCEDURE – notice of motion moving for orders to amend notice of appeal – whether expedient and in the interests of justice that a new ground of appeal be raised

MIGRATION – Appeal against decision of Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal (the Tribunal) – Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Citizenship to refuse to grant a protection visa to the appellant – whether Tribunal erred in treating issues related to the appellant's pro-monarchy political opinion as an adjunct to his association with a monarchist political party in Nepal – whether Tribunal erred in its treatment of documents produced by the appellant referring to country information concerning the prevalence of document fraud in Nepal and its view of the credibility of the appellant – whether Tribunal specifically required to make finding of fraud or forgery before according little weight to documents – consideration of the principles in SZNYF v Minister of Immigration and Citizenship (2010) 117 ALD 80 – consideration of the principles in Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 and Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485