SZRGA v Minister for Immigration and Border Protection [2015] FCA 1200

FEDERAL COURT OF AUSTRALIA

SZRGA v Minister for Immigration and Border Protection [2015] FCA 1200 Citation: SZRGA v Minister for Immigration and Border Protection [2015] FCA 1200

Appeal from: SZRGA & Ors v Minister for Immigration & Border Protection & Anor [2015] FCCA 1694

Parties: SZRGA, SZRGB, SZRGC and SZRGD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL (FORMERLY REFUGEE REVIEW TRIBUNAL)

File number(s): NSD 815 of 2015

Judge(s): GRIFFITHS J

Date of judgment: 9 November 2015

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia ('FCCA') affirming a decision of the Refugee Review Tribunal ('Tribunal') to uphold the Minister's refusal to grant the appellants' protection visa application – where the appellants alleged the interpreter before the Tribunal mistranslated the first appellant's answers – whether the FCCA denied the appellants procedural fairness by not allowing their solicitor to make submissions in reply on whether the mistranslation gave rise to jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 91R, 425

Cases cited: Appellant P119/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 230 International Finance Trust Company Ltd v New South Wales Crime Commission [2009] HCA 49; (2009) 240 CLR 319 Minister for Immigration and Border Protection v WZARH [2015] HCA 40 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507; (1999) 92 FCR 6 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Shrestha v Migration Review Tribunal [2015] FCAFC 87 SZOYU v Minister for Immigration and Citizenship [2012] FCA 936 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465