SZSWC v Minister for Immigration and Border Protection [2015] FCA 992

FEDERAL COURT OF AUSTRALIA

SZSWC v Minister for Immigration and Border Protection [2015] FCA 992 Citation: SZSWC v Minister for Immigration and Border Protection [2015] FCA 992

Appeal from: SZSWC v Minister for Immigration & Anor [2015] FCCA 415

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

File number: NSD 235 of 2015

Judge: REEVES J

Date of judgment: 9 September 2015

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where Minister refused to grant the appellant a protection visa – where Refugee Review Tribunal affirmed the decision of the Minister – where application for judicial review under s 476 of the Migration Act 1958 (Cth) dismissed by the Federal Circuit Court – whether leave should be granted to rely upon new grounds of appeal – whether Federal Circuit Court erred in its consideration of the issues – whether appellant had been denied procedural fairness – where credibility of the appellant generally at issue – where grounds of appeal unparticularised

Legislation: Migration Act 1958 (Cth)

Cases cited: MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396; [2001] FCA 1196 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 SZSWC v Minister for Immigration & Anor [2015] FCCA 415 Tran v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 297