SZQET v Minister for Immigration and Citizenship [2011] FCA 1435

FEDERAL COURT OF AUSTRALIA

SZQET v Minister for Immigration and Citizenship [2011] FCA 1435 Citation: SZQET v Minister for Immigration and Citizenship [2011] FCA 1435

Appeal from: SZQET v Minister for Immigration and Citizenship [2011] FMCA 707

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

File number: NSD 1704 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, 91R, 422B, 425 Federal Magistrates Court Rules 2001 Regulation 44.12

Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424 Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Re Minister for Immigration and Multicultural Affairs and Others; Ex parte Durairajasingham (2000) 58 ALD 609 SZATV v Minister for Immigration and Citizenship and Another (2007) 233 CLR 18 SZFDV v Minister for Immigration and Citizenship and Another (2007) 233 CLR 51 SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 702 SZQET v Minister for Immigration and Citizenship [2011] FMCA 707 VUAX v Minister for Immigration and Citizenship [2004] FCAFC 158