SZRCD v Minister for Immigration and Citizenship [2013] FCA 290

FEDERAL COURT OF AUSTRALIA

SZRCD v Minister for Immigration and Citizenship [2013] FCA 290 Citation: SZRCD v Minister for Immigration and Citizenship [2013] FCA 290

Appeal from: SZRCD v Minister for Immigration and Citizenship & Anor [2012] FMC 1190

Parties: SZRCD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and RON WITTON IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 2245 of 2012

Judge: FLICK J

Date of judgment: 4 April 2013

Catchwords: MIGRATION – alleged failure to consider a claim – alleged lack of rationality or logic – grounds drafted by a "friend" ADMINISTRATIVE LAW – a decision said to be lacking in logic or rationality PRACTICE AND PROCEDURE – leave sought to raise new grounds of appeal – leave refused – grounds lacking in merit

Legislation: Migration Act 1958 (Cth) s 36(2)(aa)

Cases cited: Dibeek Holdings Pty Ltd v Notaras [2000] FCA 1212 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, 192 ALR 71 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6, 185 CLR 259 Milwain v Sim [2009] VSC 75 MZYGR v Minister for Immigration and Citizenship [2010] FCA 883 MZYPM v Minister for Immigration and Citizenship [2012] FCA 1453 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZMRD v Minister for Immigration and Citizenship [2009] FCA 598 SZOBU v Minister for Immigration and Citizenship [2010] FCA 568 SZOJH v Minister for Immigration and Citizenship [2010] FMCA 445 SZOOM v Minister for Immigration and Citizenship [2011] FCA 152 SZQPE v Minister for Immigration and Citizenship [2012] FCA 544 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158 Zheng v Cai [2009] HCA 52, 239 CLR 446