Long v Minister for Immigration & Multicultural Affairs [2000] FCA 1172

FEDERAL COURT OF AUSTRALIA

Long v Minister for Immigration & Multicultural Affairs [2000] FCA 1172 MIGRATION - application to review decision of Refugee Review Tribunal - provision of an interpreter below the professional standard - Tribunal member did not complete section of form that made provision for the member to approve an interpreter of below professional level - misinterpretations of applicant's evidence by interpreter during hearing - whether misinterpretations had an effect on the Tribunal member's assessment of applicant's credit - whether in circumstances the inadequate standard of interpretation denied applicant the opportunity to be heard or to appear to give evidence (ss 425(1) or 427(6) of Migration Act 1958 (Cth)). Migration Act 1958 (Cth) ss 65(1), 415, 424, 424A, 424B, 424C, 425, 425(1), 425A, 426, 427(6), 427(7), 476(1)(a), 476(1)(b) Migration Legislation Amendment Act (No 1) 1998 s 2(2), cl 20(1) of Sch 3 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 applied Ismail v Minister for Immigration and Multicultural Affairs [1999] FCA 1555 discussed Khelifi v Minister for Immigration and Multicultural Affairs [2000] FCA 791 discussed Habtegebrial v Minister for Immigration and Multicultural Affairs [1999] FCA 1470 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (Wilcox, Lindgren and Merkel JJ, 21 December 1998, unreported) cited Meadows v Minister for Immigration and Multicultural Affairs (Merkel J, 23 December 1998, unreported) cited Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 288 cited Saadik v Minister for Immigration and Multicultural Affairs [1999] FCA 825 applied Abebe v The Commonwealth (1999) 197 CLR 510 referred to Yi Gui Stone v Minister for Immigration and Ethnic Affairs (Hill J, 28 June 1996, unreported) referred to KEO LONG v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS S 7 OF 2000 MANSFIELD J ADELAIDE 23 AUGUST 2000