SZWCO v Minister for Immigration and Border Protection [2016] FCA 51

FEDERAL COURT OF AUSTRALIA

SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Appeal from: SZWCO v Minister for Immigration & Anor [2015] FCCA 1760

File number: NSD 855 of 2015

Judge: WIGNEY J

Date of judgment: 5 February 2016

Catchwords: MIGRATION – visa – application for a protection visa – refusal by a delegate of the Minister for Immigration and Border Protection – review of the delegate's decision by the Refugee Review Tribunal – dismissal by Refugee Review Tribunal on the basis that the applicant did not have a well-founded fear of risk of persecution or harm – where the Refugee Review Tribunal considered that the applicant had exaggerated his claims – application for judicial review in the Federal Circuit Court of Australia – where primary judge refused leave to amend the application – appeal from the primary judge's dismissal of the application – whether the Refugee Review Tribunal failed to consider a claim or integer of a claim – whether the Refugee Review Tribunal's decision was based on irrational or illogical reasoning ADMINISTRATIVE LAW – jurisdictional error – whether Refugee Review Tribunal failed to consider claim or integer of a claim – whether the Refugee Review Tribunal's decision was infected by irrational or illogical reasoning PRACTICE AND PROCEDURE – appeals – amended application – whether appellant should be granted leave to amend notice of appeal to include new grounds not argued at first instance

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 46A, 91R, 476A Federal Court of Australia Act 1976 (Cth), s 25(1AA) Federal Court Rules 2011 (Cth), r 36.01(2)(c)