CJC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 50

Federal Court of Australia

CJC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 50 Appeal from: CJC16 v Minister for Immigration & Anor [2020] FCCA 325

File number: VID 201 of 2020

Judgment of: BURLEY J

Date of judgment: 3 February 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether primary judge erred in finding that decision of Administrative Appeals Tribunal (AAT) not affected by jurisdictional error – whether AAT made irrational finding – interpreters – hearing before AAT discontinued and later resumed with new interpreter – whether AAT failed to provide the appellant with an opportunity to give evidence and present arguments – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 422B(1), 425 and 430(1)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 CJC16 v Minister for Immigration & Anor [2020] FCCA 325 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZFDE v Minister for Immigration [2007] HCA 35; 232 CLR 189 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212