SZULW v Minister for Immigration and Border Protection [2018] FCA 1335

FEDERAL COURT OF AUSTRALIA

SZULW v Minister for Immigration and Border Protection [2018] FCA 1335 Appeal from: SZULW v Minister for Immigration & Anor [2018] FCCA 258

File number: NSD 287 of 2018

Judge: THAWLEY J

Date of judgment: 3 September 2018

Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia – where the Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Federal Circuit Court found the appellant had not put a case to the Tribunal that he feared persecution for the purposes of s 36(2)(a) of the Migration Act 1958 (Cth) by reason of his membership of a particular social group of "Tamils who departed Sri Lanka illegally and travelled to Australia (being a Tamil diaspora country) in search of asylum" – where the parties had conducted the Federal Circuit Court hearing on the basis that the appellant had put such a case to the Tribunal – where in fact the appellant had not put such a case – whether the appellant was denied procedural fairness MIGRATION – whether the Tribunal erred in failing to consider whether the Immigrants and Emigrants Act 1948 (Sri Lanka) discriminated against the appellant because it disproportionately affected a particular social group of which the appellant was a member, being "Tamils who departed Sri Lanka illegally and travelled to Australia (being a Tamil diaspora country) in search of asylum" – where no "disproportionate application" case was put to the Tribunal in relation to the operation of the Immigrants and Emigrants Act 1948 (Sri Lanka) on the particular social group – whether the Federal Circuit Court erred in failing to find error on the part of the Tribunal