BTQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 72

FEDERAL COURT OF AUSTRALIA

BTQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 72 Appeal from: BTQ16 v Minister for Immigration and Border Protection [2019] FCCA 2101

File number: NSD 1339 of 2019

Judge: GRIFFITHS J

Date of judgment: 6 February 2020

Catchwords: MIGRATION – whether the primary judge erred by not allowing an affidavit of an unaccredited translator to be admitted – whether the primary judge erred by not allowing evidence as to why a formal transcript from an accredited translator could not be provided – whether the primary judge erred by failing to admit an affidavit under s 79 of the Evidence Act 1995 (Cth) as evidence of an 'ad hoc' expert – whether the primary judge erred by not allowing oral evidence from a deponent to address her evidence or qualifications – whether the primary judge erred by not giving the appellant a proper opportunity to tender evidence of alleged mistranslations and false translations by an interpreter – whether the primary judge erred by misconstruing or misapplying ss 424AA and 424A of the Migration Act 1958 (Cth)

Legislation: Evidence Act 1995 (Cth) ss 76, 78, 79 Federal Circuit Court Rules 2001 (Cth) r 15.07 Migration Act 1958 (Cth) ss 424AA, 424A, 425, 476

Cases cited: Aon Risk Services Australian Ltd v Australian National University [2009] HCA 27; 239 CLR 17 BTQ16 v Minister for Immigration [2019] FCCA 2101 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; (2002) 209 CLR 478 HG v The Queen [1999] HCA 2; (1999) 197 CLR 414 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123)