SZQBN v Minister for Immigration and Citizenship [2013] FCA 276

FEDERAL COURT OF AUSTRALIA

SZQBN v Minister for Immigration and Citizenship [2013] FCA 276 Citation: SZQBN v Minister for Immigration and Citizenship [2013] FCA 276

Appeal from: SZQBN v Minister for Immigration [2011] FMCA 408

Parties: SZQBN v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: NSD 1488 of 2012

Judge: COWDROY J

Date of judgment: 2 April 2013

Catchwords: PRACTICE AND PROCEDURE: application for leave to amend notice of appeal – amendments sought not argued by the appellant in the court below – whether it is in the interests of justice to allow the amendments – whether allowing the amendments would cause prejudice to the respondent – whether the proposed grounds of appeal are reasonably arguable

Legislation: Evidence Act 1995 (Cth), s 140(2) Federal Court of Australia Act 1976 (Cth), s 25(1AA) Federal Court Rules 2011 (Cth), r 31.02 Migration Act 1958 (Cth), s 120

Cases cited: Antunovic v Dawson (2010) 30 VR 355 Australian Competition and Consumer Commission v Cadbury Schweppes Pty Ltd (ACN 0004 551 473) (2009) 254 ALR 198 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Connecticut Fire Insurance Co. v Kavanagh (1892) AC 473 Coulton v Holcombe (1986) 162 CLR 1 Dart Industries Inc v DÉcor Corporation Pty Ltd (1989) 15 IPR 403 Hamden v Secretary, Department of Human Services [2013] FCA 3 Li Pei Ye v Crown Ltd [2004] FCAFC 8 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Citizenship v Lu (2010) 189 FCR 525 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Murray v Director General, Health and Community Services and Superintendent, Larundel Psychiatric Hospital (Unreported, Supreme Court of Victoria, Eames J, 23 June 1995) NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 NAWZ v Minister for Immigration and Multicultural Affairs [2004] FCAFC 199 Nguyen v Minister for Immigration, Local Government and Ethnic Affairs (1996) 66 FCR 239 O'Brien v Komesaroff (1982) 150 CLR 310 Opinion on the Writ of Habeas Corpus (1802) Wilm 77; (1758) 97 ER 29 Reece v Webber (2011) 192 FCR 254 Ruddock v Vadarlis (2001) 110 FCR 491 Suttor v Gundowda Proprietary Limited (1950) 81 CLR 418 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZLHP v Minister for Immigration and Citizenship (2008) 172 FCR 170 SZQBN v Minister for Immigration and Citizenship [2011] FMCA 408 SZQBN v Minister for Immigration and Citizenship (2011) 123 ALD 539 SZQBN v Minister for Immigration and Citizenship [2012] HCATrans 159 (22 June 2012) Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 49 FCR 409 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 Wall v R; Ex parte King Won and Wah On (No 1) (1927) 39 CLR 245