BAM16 v Minister for Immigration and Border Protection [2017] FCA 1502

FEDERAL COURT OF AUSTRALIA

BAM16 v Minister for Immigration and Border Protection [2017] FCA 1502 Appeal from: BAM16 v Minister for Immigration and Anor [2016] FCCA 2378

File number: WAD 357 of 2017

Judge: GILMOUR J

Date of judgment: 22 December 2017

Catchwords: MIGRATION – use of an interpreter – whether there was a relevant departure from the relevant standard of interpretation before the primary judge – allegation of apprehended bias against primary judge PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal – attempts to raise new grounds of appeal not raised before the Primary Judge

Legislation: Migration Act 1958 (Cth) ss 36(2), 36(2A), 65, 476 Federal Court Rules 2011 (Cth) rs 36.03 and 36.05 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954)

Cases cited: BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Commonwealth of Australia; Ex Parte Marks [2000] HCA 67 Gupta v Minister for Immigration and Border Protection [2017] FCAFC 172 Johnson v Johnson (2001) 201 CLR 488 at 492 L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) NAHL V Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507 QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 9 Re JRL; Ex parte CJL (1986) 161 CLR 342 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142 WZAWB v Minister for Immigration and Anor [2016] FCCA 1345