SZGIZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1510

Federal Court of Australia

SZGIZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1510 Appeal from: SZGIZ v Minister for Immigration & Anor [2019] FCCA 2819

File number: NSD 1761 of 2019

Judgment of: YATES J

Date of judgment: 3 December 2021

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision not to grant a protection visa – failure to disclose notification under s 438(2)(a) of the Migration Act 1958 (Cth) – whether failure to disclose a material breach of procedural fairness resulting in jurisdictional error – whether leave to appeal on new grounds not raised in judicial review proceeding should be granted

Legislation: Migration Act 1958 (Cth) ss 430, 438, 440

Cases cited: Han v Minister for Home Affairs [2019] FCA 331 Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3; 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; 243 FCR 1 MZAPC v Minister for Immigration and Border Protection [2019] FCA 2024 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Sun v Minister for Immigration and Border Protection [2016] FCA FC 52; 243 FCR 220 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24