SZQBV v Minister for Immigration and Citizenship [2011] FCA 1391

FEDERAL COURT OF AUSTRALIA

SZQBV v Minister for Immigration and Citizenship [2011] FCA 1391 Citation: SZQBV v Minister for Immigration and Citizenship [2011] FCA 1391

Appeal from: SZQBV v Minister for Immigration and Citizenship [2011] FMCA 727

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

File number: NSD 1713 of 2011

Judge: COWDROY J

Date of judgment: 9 December 2011

Catchwords: MIGRATION – purported appeal from decision of a Federal Magistrate – leave required to appeal from interlocutory judgment of a Federal Magistrate – whether sufficient doubt as to the correctness of the judgment below to warrant the grant of such leave – grounds of appeal raised different to those relied upon in the court below – whether expedient in the interests of justice to grant leave to the appellants to raise such grounds on appeal

Legislation: Migration Act 1958 (Cth) s 36(2)(b) Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A) Federal Magistrates Court Rules 2001 Rule 13.03C(1)(c)

Cases cited: Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Décor Corporation Pty Ltd and Anor v Dart Industries Inc (1981) 33 FCR 397 Minister for Immigration and Citizenship v SZIAI and Another (2009) 111 ALD 15 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 Niemann v Electronic Industries [1978] VR 431 Re Minister for Immigration and Multicultural Affairs and Others; Ex parte Durairajasingham (2000) 58 ALD 609 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168