SZGGD v Minister for Immigration and Citizenship [2009] FCA 1250

SZGGD v Minister for Immigration and Citizenship [2009] FCA 1250

Leave to rely on the new ground was refused because the ground was bound to fail. The Tribunal's questioning of the appellant during the review hearing about live issues in his claims did not constitute a written or formal invitation to provide additional information under s 424(2) of the Migration Act 1958 (Cth), and therefore did not attract the requirements in s 424(3)(a) or s 424B. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 November 2009
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia Concerning Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia; New Ground Raised for First Time
Outcome
Appeal dismissed; leave refused to rely on the new ground of appeal.
Legal Topics
['protection Visa' 'refugee Review Tribunal Procedure' 'judicial Review' 'jurisdictional Error' 'new Grounds on Appeal' 'migration Act 1958 (cth) S 424' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Procedure' 'judicial Review' 'jurisdictional Error' 'new Grounds on Appeal' 'migration Act 1958 (cth) S 424' 'procedural Fairness']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia Concerning Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Appeal to the Federal Court of Australia; New Ground Raised for First Time

Legal Issues

  1. 1 ['Whether the appellant should be permitted to raise for the first time on appeal a ground alleging non-compliance with s 424 of the Migration Act 1958 (Cth).' 'Whether questions asked by the Refugee Review Tribunal during a review hearing constituted an invitation to give additional information under s 424(2), attracting the requirements of s 424(3)(a) and s 424B.' 'Whether the alleged new ground had reasonable prospects of success.']

Ratio Decidendi

Leave to rely on the new ground was refused because the ground was bound to fail. The Tribunal's questioning of the appellant during the review hearing about live issues in his claims did not constitute a written or formal invitation to provide additional information under s 424(2) of the Migration Act 1958 (Cth), and therefore did not attract the requirements in s 424(3)(a) or s 424B. The appeal was dismissed.

Court Disposition

Appeal dismissed; leave refused to rely on the new ground of appeal.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs to be taxed if not agreed."]