Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUAS v Minister for Immigration and Border Protection [2020] FCA 481 Appeal from: SZUAS v Minister for Immigration & Anor [2019] FCCA 1953
File number: NSD 1233 of 2019
Judge: ANDERSON J
Date of judgment: 16 April 2020
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – where grounds of review raised in Federal Court of Australia were not advanced in the Circuit Court – whether sufficient merit in proposed grounds – whether Tribunal unreasonably or illogically failed to give weight to, or rejected, expert medical information – whether Tribunal failed to have regard to evidence that appellant was taking anti-depressant medication – whether Tribunal failed to consider effect of appellant's mental health issues PRACTICE AND PROCEDURE – application for leave to rely on new grounds of review that were not advanced in the Circuit Court – application for leave to adduce fresh evidence on appeal Held: appeal dismissed – leave to rely on proposed grounds of appeal refused – insufficient merit in proposed grounds of appeal
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 36.57
Cases cited: AFE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 162 AGA16 v Minister for Immigration and Border Protection [2018] FCA 628 Alliance Craton Explore Pty Ltd v Quasar Resources Pty Ltd [2013] FCAFC 29; 296 ALR 465 BEP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 80 CSF17 v Minister for Home Affairs [2019] FCA 569 FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1620 GGD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1463 Han v Minister for Home Affairs [2019] FCA 331 MZZUQ v Minister for Immigration and Border Protection [2015] FCA 157; 145 ALD 662 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128; 139 ALD 1 SZUAS v Minister for Immigration & Anor [2019] FCCA 1953
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