Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BGZ15 v Minister for Immigration and Border Protection [2017] FCA 1095 Appeal from: BGZ15 v Minister for Immigration and Border Protection [2017] FCCA 202
File number: NSD 273 of 2017
Judge: FLICK J
Date of judgment: 15 September 2017
Catchwords: PRACTICE AND PROCEDURE – appeal from Federal Circuit Court – failure to identify appellable error – grounds directed to decision of Tribunal and not Federal Circuit Court – role of appellate court in identifying appellable error – duty of the Court with respect to self-represented appellants – approach to be adopted to resolve appeal ADMINISTRATIVE LAW – procedural fairness – opportunity to be heard – alleged deficiencies in translation services MIGRATION – application for protection visa – application rejected – Tribunal affirmed decision – review by Federal Circuit Court
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(3)(d) Migration Act 1958 (Cth) s 476A Federal Court Rules 2011 (Cth) r 36.01(2)(c)
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68, (2016) 241 FCR 30 Appellant P119/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 230 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 236 FCR 593 Attorney-General v Udompun [2005] 3 NZLR 204 BGZ15 v Minister for Immigration and Border Protection [2017] FCCA 202 BZAID v Minister for Immigration and Border Protection [2016] FCA 508, (2016) 242 FCR 310 Coulton v Holcombe (1986) 162 CLR 1 Hamod v New South Wales [2011] NSWCA 375 Minister for Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142, (2006) 154 FCR 365 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 NAXD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 243 SQMB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 165 SZJZS v Minister for Immigration and Citizenship [2008] FCA 789, (2008) 102 ALD 318 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142, (2013) 219 FCR 212 SZVBT v Minister for Immigration and Border Protection [2017] FCA 355 Tobasi v Minister for Immigration and Multicultural Affairs [2002] FCA 1050, (2002) 122 FCR 322 W284 v Minister for Immigration & Multicultural Affairs [2001] FCA 1788 WAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 319
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