SZTBW v Minister for Immigration and Border Protection [2014] FCA 1277

FEDERAL COURT OF AUSTRALIA

SZTBW v Minister for Immigration and Border Protection [2014] FCA 1277 Citation: SZTBW v Minister for Immigration and Border Protection [2014] FCA 1277

Appeal from: SZTBW v Minister for Immigration and Border Protection [2014] FCCA 1809

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

File number: NSD 903 of 2014

Judge: PERRY J

Date of judgment: 25 November 2014

Catchwords: MIGRATION –Whether Tribunal applied the wrong test under s 91R(2)(a) – Where unchallenged independent basis to sustain Tribunal's decision PRACTICE AND PROCEDURE – Where application for leave to amend notice of appeal to argue new ground on appeal – Where proposed ground of appeal has no merit

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 65, 91R

Cases cited: Iyer v Minister for Immigration and Cultural Affairs [2000] FCA 1788 Snedden (aka Vasiljkovic) v Minister for Justice of the Commonwealth (2013) 306 ALR 452 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 SZSPT v Minister for Immigration and Border Protection [2014] 1245 SZSRU v Minister for Immigration and Border Protection [2014] FCA 1252 SZSXY v Minister for Immigration and Border Protection [2014] FCA 1183 SZTBE v Minister for Immigration and Border Protection [2014] FCA 1230 SZTBW v Minister for Immigration and Border Protection [2014] FCCA 1809 VBAO v Minister for Immigration, Multicultural and Indigenous Affairs (2006) 233 CLR 1 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 WZAPN v Minister for Immigration and Border Protection & Anor [2014] FCA 947