DHM17 v Minister for Immigration and Border Protection [2019] FCA 1071

FEDERAL COURT OF AUSTRALIA

DHM17 v Minister for Immigration and Border Protection [2019] FCA 1071 Appeal from: DHM17 v Minister for Immigration & Anor [2018] FCCA 3428

File number: VID 1586 of 2018

Judge: SNADEN J

Date of judgment: 11 July 2019

Catchwords: MIGRATION – protection visa – appeal from the Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal (the "AAT") – whether the AAT decision was affected by jurisdictional error – use of interpreter – whether interpretation irregularities deprived appellant of the meaningful hearing that was required by s 425 of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Evidence Act 1995 (Cth) s 76 Migration Act 1958 (Cth) pt 7, ss 411, 414, 425, 427

Cases cited: BRQ18 v Minister for Home Affairs [2019] FCA 319 BZAID v Minister for Immigration and Border Protection (2016) 242 FCR 310 CPN16 v Minister for Home Affairs [2018] FCA 872 DHM17 v Minister for Immigration & Anor [2018] FCCA 3428 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 MZAES v Minister for Immigration and Border Protection [2015] FCCA 307 MZAES v Minister for Immigration and Border Protection [2015] FCA 1133 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 SBLF v Minister for Immigration and Citizenship (2008) 103 ALD 566 SZHEW v Minister for Immigration and Citizenship [2009] FCA 783 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 SZSUT v Minister for Immigration and Border Protection [2015] FCA 190 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 W284 v Minister for Immigration and Multicultural Affairs [2001] FCA 1788