SZOOU v Minister for Immigration and Citizenship [2011] FCA 241

FEDERAL COURT OF AUSTRALIA

SZOOU v Minister for Immigration and Citizenship [2011] FCA 241 Citation: SZOOU v Minister for Immigration and Citizenship [2011] FCA 241

Appeal from: SZOOU & Anor v Minister for Immigration & Anor [2010] FMCA 969

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

File number(s): NSD 1793 of 2010

Judge: KATZMANN J

Date of judgment: 18 March 2011

Catchwords: MIGRATION – Refugees – protection visa – fear of persecution for membership of particular social group and religion – China's "one-child policy" – whether fear of forced sterilisation constitutes a Refugee Convention reason – meaning of "particular social group" PRACTICE AND PROCEDURE – Appeal – New ground of appeal – factors to consider in deciding whether to allow new ground to be raised – expediency and interests of justice

Legislation: Migration Act 1958 (Cth) ss 36(2)(a); 36(2)(b); 91R(1)(b); 91R(2); 91R(3); 424A; 474; 476(1)

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43 Minister for Immigration and Citizenship v SZNPG [2010] 115 ALD 303 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal and Another; Ex parte H and Another (2001) 179 ALR 425 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 Water Board v Moustakas (1988) 180 CLR 491