AWN17 v Minister for Immigration and Border Protection [2019] FCA 440

FEDERAL COURT OF AUSTRALIA

AWN17 v Minister for Immigration and Border Protection [2019] FCA 440 Appeal from: AWN17 v Minister for Immigration & Anor [2018] FCCA 372

File number(s): NSD 288 of 2018

Judge(s): DERRINGTON J

Date of judgment: 3 April 2019

Catchwords: MIGRATION – Administrative Appeals Tribunal – application for a protection visa – whether applicant had a real and meaningful hearing – whether there was a breach of s 425 of the Migration Act 1958 (Cth) – whether the Tribunal breached the requirements of procedural fairness by reason of flawed translation during the hearing – whether mistranslations amount to a material breach of s 425 – jurisdictional error established

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth)

Cases cited: Abalos v Australian Postal Commission (1990) 171 CLR 167 Devries v Australian National Railways Commission (1993) 177 CLR 472 Fox v Percy (2003) 214 CLR 118 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 Singh v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 1 State Rail Authority (NSW) v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588 SZNCY v Minister for Immigration and Border Protection [2018] FCA 611 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 SZUYU v Minister for Immigration and Border Protection [2018] FCA 786 WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511 WALN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 131