SZSVV v Minister for Immigration and Border Protection [2016] FCA 223

Procedural Posture

Appeal From a Federal Circuit Court Decision Refusing an Application for Review of a Refugee Review Tribunal Decision / Application for Leave to Amend Notice of Appeal and Appeal

Legal Issues

1. 1 ['Whether leave should be granted to amend the notice of appeal to raise new grounds.' 'Whether the Tribunal denied procedural fairness by failing to adequately allow the appellant to respond to alleged major contradictions in his evidence.' 'Whether the Tribunal failed to deal with a claim that the appellant was at risk of arrest as a returnee from Tamil Nadu in India.']

Ratio Decidendi

Leave to amend the notice of appeal was refused because the proposed grounds had no substance or prospects of success. The Tribunal had put the alleged inconsistencies to the appellant for comment and the material did not show that the way it did so denied procedural fairness. The proposed Tamil Nadu returnee claim could not succeed because the Tribunal's findings, including that the appellant was not of interest to the Sri Lankan authorities and did not face a real chance of serious harm or persecution on return, disposed of that claim. As no other grounds were prosecuted, the appeal was dismissed.

Court Disposition

Application for leave to amend the notice of appeal refused; appeal dismissed.

Orders

• ['The application for leave to amend the notice of appeal be refused.' 'The appeal be dismissed.']