Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CQX18 v Minister for Home Affairs [2019] FCAFC 142 Appeal from: CQX18 v Minister for Home Affairs [2019] FCA 386
File number: NSD 558 of 2019
Judges: ALLSOP CJ, PERRY AND GLEESON JJ
Date of judgment: 21 August 2019
Catchwords: MIGRATION – appeal from single judge of Federal Court on judicial review of Federal Circuit Court decision – transcript of Federal Circuit Court proceedings not before single judge – transcript revealed that Federal Circuit Court judge failed to afford procedural fairness – delay in producing written reasons – not evident that Minister's submissions had been translated to appellant – appellant not afforded opportunity to correct affidavit by evidence – Federal Circuit Court judge instructed interpreter not to interpret ex tempore judgment – appeal from single judge of Federal Court dismissed – extension of time within which to appeal against Federal Circuit Court decision granted, and appeal allowed – matter remitted to Federal Circuit Court to be heard by a different judge
Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B) Migration Act 1958 (Cth)
Cases cited: Bradken Limited v Norcast S.AR.L [2013] FCAFC 123; (2013) 219 FCR 101 CQX18 v Minister for Home Affairs [2019] FCA 386 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195
Date of hearing: 20 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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