Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVBT v Minister for Immigration and Border Protection [2017] FCA 355 Appeal from: SZVBT v Minister for Immigration & Anor [2016] FCCA 2203
File number: NSD 1756 of 2016
Judge: FLICK J
Date of judgment: 6 April 2017
Catchwords: MIGRATION – challenge to decision of Refugee Review Tribunal – adverse findings as to credit – findings not irrational ADMINISTRATIVE LAW – adequacy of reasons – the value of properly reasoned decisions – need for reasons to be intelligible – intelligible to the persons to whom they are directed – inadequacy of confused and confusing reasons – absence of an interpreter at final hearing when otherwise represented ADMINISTRATIVE LAW – jurisdictional error – confused and confusing reasons PRACTICE AND PROCEDURE – alleged denial of procedural fairness by Federal Circuit Court – failure to provide interpreter PRACTICE AND PROCEDURE – leave refused to raise new ground of appeal – prejudice to opposing party
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 28, 37 Migration Act 1958 (Cth) s 430(1)
Cases cited: APP15 v Minister for Immigration and Border Protection [2016] FCA 493, (2016) 69 AAR 202 Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 Coulton v Holcombe (1986) 162 CLR 1 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Dart Industries Inc v Decor Corporation Pty Ltd (1989) 15 IPR 403 Ekinci v Civil Aviation Safety Authority [2014] FCAFC 180, (2014) 227 FCR 459 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516, (2016) 69 AAR 210 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZOCT [2010] FCAFC 159, (2010) 189 FCR 577 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317, (2013) 212 FCR 99 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 58 ALD 609 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme [2003] HCA 56, (2003) 216 CLR 212 Re Palmer and Minister for the Capital Territory (1978) 1 ALD 183 Sobey v Nicol and Davies, in the Matter of Guiseppe Antonio Mercorella [2007] FCAFC 136, (2007) 245 ALR 389 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZNKO v Minister for Immigration and Citizenship [2013] FCA 123, (2013) 140 ALD 78 SZOOR v Minister for Immigration & Citizenship [2012] FCAFC 58, (2012) 202 FCR 1 SZRLQ v Minister for Immigration and Citizenship [2013] FCA 566, (2013) 135 ALD 276 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142, (2013) 219 FCR 212 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089, (2015) 233 FCR 451 SZVBT v Minister for Immigration & Anor [2016] FCCA 2203 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74, (2004) 80 ALD 568 Re Poyser and Mills' Arbitration [1964] 2 QB 467 Stoyanov v INS 172 F3d 731 (9th Cir 1999)
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