WZARV v Minister for Immigration and Border Protection [2014] FCA 894

FEDERAL COURT OF AUSTRALIA

WZARV v Minister for Immigration and Border Protection [2014] FCA 894 Citation: WZARV v Minister for Immigration and Border Protection [2014] FCA 894

Appeal from: WZARV v Minister for Immigration & Anor [2013] FCCA 1556

Parties: WZARV v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and IMOGEN SELLEY IN HER CAPACITY AS THE INDEPENDENT MERITS REVIEWER

File number: WAD 392 of 2013

Judge: MCKERRACHER J

Date of judgment: 22 August 2014

Catchwords: MIGRATION – appeal from Federal Circuit Court – application to amend notice of appeal – whether Independent Merits Reviewer failed to take a relevant consideration into account – whether the Reviewer failed to apply correct test to the claims – procedural fairness – whether error in refusing to grant the appellant an adjournment in the Federal Circuit Court – whether appellant was not put on notice by the Reviewer that corroborative medical evidence had been rejected – leave to amend grounds of appeal granted Held: appeal dismissed

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

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Gomez v Minister for Immigration and Multicultural Affairs (2002) 190 ALR 543 House v The King (1936) 55 CLR 499 Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Khan v Minister for Immigration & Multicultural Affairs [2000] FCA 1478 Mijac Investments Pty Ltd v Graham [2009] FCA 303 Minister for Immigration and Citizenship v SZQHH (2012) 287 ALR 523 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 MZWPD v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1095 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69/2010 v Commonwealth of Australia (2010) 243 CLR 319 Re Ruddock; Ex parte Applicant S154/2002 (2003) 201 ALR 437 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZGUW v Minister for Immigration & Citizenship [2008] FCA 91 SZGUW v Minister for Immigration and Citizenship (2009) 108 ALD 108 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZRBX v Minister for Immigration and Citizenship [2013] FCA 404 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125 Metwally v University of Wollongong (1985) 60 ALR 68 W352 v Minister for Immigration & Multicultural Affairs [2002] FCA 398