SZQDR v Minister for Immigration and Citizenship [2011] FCA 1433

FEDERAL COURT OF AUSTRALIA

SZQDR v Minister for Immigration and Citizenship [2011] FCA 1433 Citation: SZQDR v Minister for Immigration and Citizenship [2011] FCA 1433

Appeal from: SZQDR v Minister for Immigration [2011] FMCA 699

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

File number: NSD 1705 of 2011

Judge: COWDROY J

Date of judgment: 15 December 2011

Catchwords: MIGRATION – appeal from a decision of a Federal Magistrate – whether leave should be granted to the appellant to raise grounds which were not relied upon before the Federal Magistrate – whether grounds of appeal are meritorious

Legislation: Migration Act 1958 (Cth) ss 36, 476

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 73 ALD 1 Re Minister for Immigration and Multicultural Affairs and Others; Ex parte Durairajasingham (2000) 58 ALD 609 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZQDR v Minister for Immigration and Citizenship [2011] FMCA 699 VACC v Minister for Immigration and Multicultural and Immigration Affairs (2003) 129 FCR 168 VUAX v Minister for Immigration and Indigenous Affairs [2004] FCAFC 158