SZOHY v Minister for Immigration and Citizenship [2010] FCA 1267

FEDERAL COURT OF AUSTRALIA

SZOHY v Minister for Immigration and Citizenship [2010] FCA 1267

Citation: SZOHY v Minister for Immigration and Citizenship [2010] FCA 1267

Appeal from: SZOHY v Minister for Immigration and Citizenship [2010] FMCA 477

Parties: SZOHY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR

File number: NSD 804 of 2010

Judge: FLICK J

Date of judgment: 19 November 2010

Catchwords: MIGRATION – unrepresented appellant – difficulties encountered – adverse findings as to credit – no appellable error

PRACTICE AND PROCEDURE – leave to raise new ground of appeal – refused

Legislation: Federal Court of Australia Act 1976 (Cth), ss 11, 37M Migration Act 1958 (Cth)

Cases cited: Abebe v Commonwealth of Australia (1999) 197 CLR 510, cited Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, 192 ALR 71, cited Kopalapillai v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 547, followed Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, 259 ALR 429, followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, followed MZXEN v Minister for Immigration and Citizenship [2007] FCA 829, 240 ALR 582, followed Minister for Immigration and Multicultural Affairs, Re; Ex parte Durairajasingham [2000] HCA 1, 168 ALR 407, cited NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10, followed NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195, 156 FCR 419, followed Refugee Review Tribunal, Re; Ex parte HB [2001] HCA 34, 179 ALR 513, cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, 228 CLR 152, followed SZJBA v Minister for Immigration and Citizenship [2007] FCA 1592, 164 FCR 14, cited SZJOG v Minister for Immigration and Citizenship [2010] FCA 244, cited SZJZS v Minister for Immigration and Citizenship [2008] FCA 789, 102 ALD 318, cited SZKMS v Minister for Immigration and Citizenship [2008] FCA 499, cited SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, cited SZLPN v Minister for Immigration and Citizenship [2010] FCA 202, cited SZNNK v Minister for Immigration and Citizenship [2009] FCA 1386, cited SZOBU v Minister for Immigration and Citizenship [2010] FCA 568, cited SZOHY v Minister for Immigration and Citizenship [2010] FMCA 477, affirmed University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481, cited Vaeula v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 147, cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, followed