SZSNM v Minister for Immigration and Border Protection

The case of SZSNM v Minister for Immigration and Border Protection involved the appellant, a Chinese national and a practitioner of Falun Gong, who sought judicial review of a decision made by the Federal Circuit Court regarding their application for a visa. The primary legal issue before the court was whether the Federal Circuit Court had correctly applied the criteria for granting complementary protection in the context of the appellant's Falun Gong practice and the risk of persecution if returned to China. The court also had to consider whether leave should be granted to argue new grounds of appeal that were not previously raised before the Federal Circuit Court.

The court found that the Federal Circuit Court had appropriately applied the relevant legal principles in determining the appellant's eligibility for complementary protection. The court emphasised that the onus was on the appellant to demonstrate a real chance of persecution if returned to China, and the evidence provided did not sufficiently meet this burden. Furthermore, the court refused to grant leave to argue new grounds of appeal, as these grounds had not been previously raised and the appellant had not demonstrated any exceptional circumstances warranting such an extension of the appeal process. Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the first respondent, now titled the Minister for Immigration and Border Protection, as agreed or assessed.