Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WAIZ v Minister for Immigration & Multicultural Affairs [2002] FCA 1375
MIGRATION – refugees – interpreters – key question not properly translated – interpreter at different location to Tribunal – break in telephonic transmission at critical point – whether interpretation was so incompetent that applicant was effectively prevented from giving his evidence on a material matter.
Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 applied Long v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 183 referred to Ismail v Minister for Immigration and Multicultural Affairs [1999] FCA 1555 referred to Soltanyzand v Minister for Immigration and Multicultural Affairs [2000] FCA 917 referred to Arif v Minister for Immigration and Multicultural Affairs [2002] FCA 1053 referred to Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 applied WAIZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS W 239 of 2001 CARR J 6 NOVEMBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 239 OF 2001
BETWEEN: WAIZ
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 6 NOVEMBER 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal, made on 30 May 2001, be set aside. 2. The matter to which that decision relates be remitted to the Refugee Review Tribunal, differently constituted, for determination according to law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 239 OF 2001
BETWEEN: WAIZ
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