Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGWN v Minister for Immigration & Citizenship [2008] FCA 238
Migration – whether inadequate interpretation - whether appellant was effectively prevented from giving evidence because of inadequate interpretation - whether the provision of a correct transcript and additional submissions to the Tribunal after the hearing cured the problems caused by poor interpretation - whether the Tribunal discharged its obligation pursuant to s 425 Migration Act 1958 - appeal allowed.
Migration – apprehension of bias – conduct of Tribunal Member allegedly dismissive, misleading and obstructive – misunderstandings caused by poor interpretation - apprehension of bias not established.
Practice and Procedure– leave to amend notice of appeal – new ground of appeal not raised below – no reasonable prospect of success.
Migration Act 1958 (Cth) ss 91R(3), 424(1) 425
Applicant NAAF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 cited Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337cited Gaio v The Queen (1960) 104 CLR 419cited Liu v Minister for Immigration and Multicultural Affairs (2001) 187 ALR 348cited Minister for Immigration & Multicultural & Indigenous Affairs v SCAR [2003] 128 FCR 553cited NADH v Minister for Immigration & Multicultural and Indigenous Affairs (2004) 214 ALR 264cited NBMB v Minister for Immigration & Citizenship [2008] FCA 149cited Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6referred to Re Minister for Immigration and Multicultural Affairs; Ex parte AB (2000) 177 ALR 225referred to Re Minister for Immigration and Multicultural Affairs; Ex Parte Epeabaka(2001) 179 ALR 296cited Re Refugee Review Tribunal; Ex parte H (2001) 179 ALR 425 cited VFAB v Minister for Immigration & Multicultural & indigenous Affairs (2003)131 FCR 102cited VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 cited WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) FCR 511cited
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