Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STPB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 818
MIGRATION – interpreter at Tribunal hearing – whether interpretation was inadequate or incompetent such that applicant prevented from giving evidence – adverse credibility finding – whether infected by inadequate interpretation Applicant A101/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 556 cited Applicant M189 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 131 cited Gradige v Grace Bros Pty Ltd (1988) 93 FLR 414 cited Minister for Immigration & Multicultural & Indigenous Affairs v SCAR (2003) 198 ALR 293 applied Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 applied STPB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS, CHRIS KEHER, MEMBER REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL No S 15 of 2004 FINN J ADELAIDE 25 JUNE 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 15 OF 2004
BETWEEN: STPB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
CHRIS KEHER, MEMBER REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
THIRD RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 25 JUNE 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. A writ of certiorari be issued, directed to the second respondent, removing his decision in this matter into this Court for the purpose of quashing it. 2. The decision be quashed. 3. A writ of mandamus be issued, directed to the Refugee Review Tribunal, requiring it to hear and determine the matter the subject of the decision, according to law. 4. A writ of prohibition be issued, directed to the first respondent, prohibiting her from acting upon or giving effect to the decision of the second respondent. 5. The first respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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