Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRCF v Minister for Immigration and Citizenship [2012] FCA 813 Citation: SZRCF v Minister for Immigration and Citizenship [2012] FCA 813
Appeal from: SZRCF v Minister for Immigration & Anor [2012] FMCA 368
Parties: SZRCF v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 610 of 2012
Judge: LANDER J
Date of judgment: 3 August 2012
Catchwords: MIGRATION – appeal from order of Federal Magistrate dismissing application for review of Refugee Review Tribunal decision affirming Minister for Immigration and Citizenship decision not to grant Protection (Class XA) Visa – grounds of appeal not previously raised – grounds of appeal not particularised – consideration of whether or not an applicant, having been refused a Protection Visa, could then become a member of a particular social group of failed asylum seekers, such that this membership could lead to a well founded fear of persecution on return to country of origin PRACTICE AND PROCEDURE – where grounds sought to be raised on appeal not argued before the Federal Magistrate – grounds of appeal not particularised
Legislation: Federal Court Rules 2011 r 4.12
Cases cited: SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZQVO v Minister for Immigration & Anor (No 2) [2012] FMCA 512 W124 v Minister for Immigration and Multicultural Affairs [2001] FCA 1387 Whisprun Pty Ltd (formerly Northwest Exports Pty Ltd) v Dixon (2003) 200 ALR 447
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