SZRKG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1389

Federal Court of Australia

SZRKG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1389 Appeal from: SZRKF v Minister for Immigration [2018] FCCA 1403

File number(s): NSD 1098 of 2018

Judgment of: FARRELL J

Date of judgment: 28 September 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister not to grant each of the appellants a Protection (Class XA) visa – where first ground of appeal alleges Tribunal misconstrued the relevant law relating to risk and fear of significant harm pursuant to s 36(2A) of the Migration Act 1958 (Cth) – where ground not advanced before FCCA – whether expedient in the interests of justice to grant leave to advance new grounds on appeal – where no evidence of misconstruction of risk and fear of significant harm – leave refused – where second ground of appeal alleges FCCA Judge failed to consider legal and factual errors in the Tribunal decision – where ground put with high degree of generality and lack of specificity or any real particulars – where Minister concedes Tribunal erred in not assessing application of the second appellant under the family unit criterion in s 36(2)(b) by reference to both ss 36(2)(a) and 36(2)(aa) – whether error material – where all of the first appellant's material factual claims rejected – where adverse outcome inevitable if consideration given to the criterion in s 36(2)(a) – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 36, 424AA, 424A, 438