Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUYU v Minister for Immigration and Border Protection [2018] FCA 786 Appeal from: SZUYU v Minister for Immigration & Anor [2017] FCCA 575
File number: NSD 541 of 2017
Judge: WIGNEY J
Date of judgment: 30 May 2018
Catchwords: MIGRATION – application for Protection (Class XA) visa – where appellant required interpreter at Tribunal hearing – whether appellant denied "real and meaningful" hearing due to inadequate translation – whether appellant denied opportunity to present evidence and arguments relating to issues arising on the review – whether errors in translation "material" – whether Tribunal failed to comply with ss 425(1) and 427(7) of the Migration Act 1958 (Cth) – whether primary judge identified wrong issue – whether primary judge erred by considering if Tribunal had duty to investigate adequacy of translation – whether primary judge erred in finding that appellant was obliged to call expert evidence to prove material errors in translation – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 422B, 425, 427, 476, 477
Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510; [1999] HCA 14 Browne v Dunn (1893) 6 R 67 BZAID v Minister for Immigration and Border Protection (2016) 242 FCR 310; [2016] FCA 508 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309; [2017] FCAFC 51 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 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 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 201 ALR 437; [2003] HCA 60 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212; [2013] FCAFC 142 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465
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