SZRLY v Minister for Immigration and Citizenship [2012] FCA 1459

FEDERAL COURT OF AUSTRALIA

SZRLY v Minister for Immigration and Citizenship [2012] FCA 1459 Citation: SZRLY v Minister for Immigration and Citizenship [2012] FCA 1459

Appeal from: SZRLY v Minister for Immigration [2012] FMCA 848

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

File number: NSD 1451 of 2012

Judge: GRIFFITHS J

Date of judgment: 21 December 2012

Catchwords: ADMINISTRATIVE LAW – decision by Refugee Review Tribunal to refuse to grant protection visa – decision by Federal Magistrate to dismiss appellant's application for review – whether leave should be granted to add new grounds of appeal not raised below - whether denial of procedural fairness for failing to take into account interests of unborn child – whether Federal Magistrate denied the appellant procedural fairness by refusing to accept additional written submissions or additional evidentiary material – whether jurisdictional error for failing to inquire into the source of scars on the appellant's body

Legislation: Migration Act 1958 (Cth) ss 36, 424, 427 United Nations Convention on the Rights of the Child, opened for signature 20 November 1989, 1557 UNTS 3 (entered into force 16 January 1991)

Cases cited: M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 146 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 SZBPQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 568 SZBPQ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA Trans 249