CXK17 v Judge of the Federal Circuit Court of Australia [2019] FCA 2089

FEDERAL COURT OF AUSTRALIA

CXK17 v Judge of the Federal Circuit Court of Australia [2019] FCA 2089 File number: SAD 17 of 2019

Judge: BESANKO J

Date of judgment: 13 December 2019

Catchwords: MIGRATION — application pursuant to s 39B of the Judiciary Act 1903 (Cth) for a writ of certiorari quashing a decision and orders of the Federal Circuit Court of Australia — where the primary judge dismissed the applicant's application under s 447(2) of the Migration Act 1958 (Cth) for an extension of time within which to make an application for judicial review in relation to a decision of the Immigration Assessment Authority ADMINISTRATIVE LAW — where the applicant alleged that the Federal Circuit Court committed jurisdictional error — whether the Federal Circuit Court denied procedural fairness to the applicant and acted unreasonably by failing to provide a satisfactory interpreter and relying on the interpretation — whether the hearing before the primary judge was fair and whether there were real and potentially material errors in substance in the interpretation of the applicant's evidence — whether the Federal Circuit Court denied procedural fairness to the applicant and acted unreasonably by failing to consider whether the actions of the applicant's former representative constituted fraud — whether the Federal Circuit Court denied procedural fairness to the applicant and acted unreasonably by failing to take sufficient steps to explain its processes and procedures to the applicant

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 473CA, 477

Cases cited: CNC15 v Federal Circuit Court of Australia [2018] FCAFC 204 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 16 CXK17 v Minister for Immigration & Anor [2018] FCCA 1041 CXK17 v Minister for Immigration and Border Protection [2018] FCA 1872 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95; (2018) 264 FCR 454 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Huynh v Federal Circuit Court of Australia [2019] FCA 891 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; (2007) 232 CLR 189 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; (2013) 219 FCR 212 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 305 ALR 557 SZTSU v Federal Circuit Court of Australia [2015] FCAFC 129 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760