Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSUA v Minister for Immigration and Border Protection [2016] FCA 482 Appeal from: SZSUA v Minister for Immigration and Border Protection [2015] FCCA 3345
File number: NSD 1 of 2016
Judge: FARRELL J
Date of judgment: 6 May 2016
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – protection visa – appellant citizen of Sri Lanka – whether appellant raised "new claim" at the Tribunal hearing – whether the Tribunal failed to assess that claim – whether the "new claim" was connected to, or made in the context of, one of the appellant's express claims for protection – appeal dismissed PRACTICE AND PROCEDURE – application for leave to raise new ground on appeal that was not raised in the proceedings before the Federal Circuit Court of Australia – where appellant has new representation – where appellant was represented in the proceedings before the Federal Circuit Court – whether expedient and in the interests of justice to grant leave – consideration of the merit of the proposed new ground of appeal – where grounds set out in the original notice of appeal not pressed – leave not granted – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 46A(2), 476, 476A
Cases cited: Chen v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 157; [2000] FCA 1901 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Multicultural Affairs v Sarrazola (No 2) (2001) 107 FCR 184; [2001] FCA 263 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZSUA v Minister for Immigration and Border Protection [2015] FCCA 3345
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