Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 Citation: SZSEI v Minister for Immigration and Border Protection [2014] FCA 465
Appeal from: SZSEI & Anor v Minister for Immigration & Anor [2013] FCCA 1660
Parties: SZSEI and SZSEJ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 14 of 2014
Judge: GRIFFITHS J
Date of judgment: 16 May 2014
Catchwords: MIGRATION – appeal – whether primary judge erred in determining judicial review application concerning decision by the Refugee Review Tribunal (Tribunal) to refuse protection visas – whether Tribunal impermissibly delegated to the interpreter its function of conducting the hearing – whether mistranslations, non-translations and unprompted interventions by interpreter gave rise to jurisdictional error under ss 414 and 425 of the Migration Act 1958 (Cth) – consideration and application of SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142 in a s 425 context
Legislation: Migration Act 1958 (Cth) ss 414, 422B(3), 425, 427, 428
Cases cited: Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230 Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553; [2003] FCAFC 126 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6; [1999] FCA 507 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZGWN v Minister for Immigration and Citizenship [2008] FCA 238 SZHEW v Minister for Immigration and Citizenship [2009] FCA 783 SZOYU v Minister for Immigration and Citizenship [2012] FCA 936 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142 WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511; [2003] FCAFC 171 WALN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 131
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