SZSLF v Minister for Immigration and Border Protection [2014] FCA 64

FEDERAL COURT OF AUSTRALIA

SZSLF v Minister for Immigration and Border Protection [2014] FCA 64 Citation: SZSLF v Minister for Immigration and Border Protection [2014] FCA 64

Appeal from: SZSLF v Minister for Immigration and Border Protection & Anor (No 1) [2013] FCCA 1521 SZSLF v Minister for Immigration and Border Protection & Anor (No 2) [2013] FCCA 1522

Parties: SZSLF v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 2158 of 2013

Judge: ROBERTSON J

Date of judgment: 11 February 2014

Catchwords: MIGRATION – whether Federal Circuit Court erred in finding no jurisdictional error on the part of the Refugee Review Tribunal – whether Federal Circuit Court erred in refusing an adjournment application – oral application by appellant that the Federal Court receive further evidence on appeal – whether the further evidence would have produced or would be likely to have produced a different result had it been available at the trial

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 65, 424AA, 424A, 425 Federal Court Rules 2011 (Cth) r 36.57

Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478 Guss v Johnstone [2000] FCA 1455 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZQJH v Minister for Immigration and Border Protection [2013] FCAFC 147