MZAHK V Minister for Immigration and Border Protection [2017] FCAFC 87

FEDERAL COURT OF AUSTRALIA

MZAHK V Minister for Immigration and Border Protection [2017] FCAFC 87 Appeal from: MZAHK v Minister for Immigration and Border Protection [2016] FCCA 1979

File number: VID 972 of 2016

Judges: NORTH, WHITE AND O'CALLAGHAN JJ

Date of judgment: 31 May 2017

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where hearing conducted via video and telephone conferencing absent an application by the appellant – where appellant's brother excluded from hearing – where appellant alone giving evidence – where interpreter deposed to being accredited – whether representation as to interpreter accreditation false – whether appellant denied procedural fairness – appeal dismissed PRACTICE AND PROCEDURE – application to adduce fresh evidence on appeal – where evidence available to be adduced in the Court appealed from – application refused

Legislation: Migration Act 1958 (Cth), ss 422B(3), 425, 425A, 429, 429A Federal Court Rules 2011 (Cth), r 36.57 Cases cited: Minister for Immigration and Border Protection v Dhillon (2014) 227 FCR 525 at 547 [28] (Allsop CJ, Murphy and Pagone JJ) Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 at 358-362 (Hayne, Kiefel and Bell JJ) Minister for Immigration and Citizenship v SZIZO (2009) 238 CLR 627 at 640 [35] (French CJ, Gummow, Hayne, Crennan and Bell JJ) SZAYW v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 230 CLR 486 at 497-498 [25]-[26] (Gleeson CJ, Gummow, Hayne, Callinan and Crennan JJ) SZIZO v Minister for Immigration and Citizenship (2008) 172 FCR 152 at 167 [91] (Lander J) SZSUT v Minister for Immigration and Border Protection [2015] FCA 190 at [48] Date of hearing: 24 May 2017