SZMRD v Minister for Immigration and Citizenship [2009] FCA 598

SZMRD v Minister for Immigration and Citizenship [2009] FCA 598

The appellant may not rely on grounds not raised in the Federal Magistrates Court in this appeal. It is not demonstrated that extortion constituted persecution for a Convention reason in this case, and the Tribunal's conclusion was open to it. The appeal is therefore dismissed.

Parties
Appellant: SZMRD; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 May 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Refugee Review Tribunal, Jurisdictional Error, New Grounds on Appeal, Persecution and Extortion
Immigration Law Protection Visa Refugee Review Tribunal Jurisdictional Error New Grounds on Appeal Persecution and Extortion

Case Brief

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Parties

SZMRD

Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether appellant should be permitted to rely on new grounds not raised before the Federal Magistrates Court
  2. 2 Whether extortion and duress amount to persecution for a Convention reason
  3. 3 Whether Tribunal erred in not granting protection visa given extortion demands

Ratio Decidendi

The appellant may not rely on grounds not raised in the Federal Magistrates Court in this appeal. It is not demonstrated that extortion constituted persecution for a Convention reason in this case, and the Tribunal's conclusion was open to it. The appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the costs of the first respondent, fixed in the amount of $3,200.00.