FVO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 326

Federal Court of Australia

FVO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 326 Appeal from: FVO18 v Minister for Home Affairs [2019] FCCA 978

File number: NSD 630 of 2019

Judge: LEE J

Date of judgment: 6 April 2021

Catchwords: MIGRATION – nine grounds of appeal advanced – no error established in first eight grounds – consideration of ground nine – whether primary judge failed to ensure a fair hearing – where appellant required an interpreter – where Federal Circuit Court dismissed application for judicial review and delivered ex tempore reasons – ex tempore reasons not translated – written reasons delivered by Federal Circuit Court after first respondent filed notice of appeal – consideration of Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 – final instance of any right or entitlement arising from primary judge's obligation to afford procedural fairness occurs at time of closing submissions – no denial of procedural fairness – appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 36.03 Migration Act 1958 (Cth) ss 473DB, 473DC

Cases cited: BVD17 v Minister for Immigration and Home Affairs [2019] HCA 34; (2019) 373 ALR 196 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 FVO18 v Minister for Home Affairs [2019] FCCA 978 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415