BVB15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 413

Federal Court of Australia

BVB15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 413 Appeal from: BVB15 v Minister for Immigration and Border Protection (No 2) [2019] FCCA 1264

File number: WAD 314 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 23 April 2021

Catchwords: MIGRATION - application under r 36.75(2) of Federal Court Rules 2011 (Cth) to set aside order and reinstate appeal - where appeal dismissed when applicant did not locate Court room - whether there is reasonable excuse for applicant's absence from hearing - whether merits of proposed appeal grounds justify reinstatement MIGRATION - appeal from judgment of the Federal Circuit Court - where Federal Circuit Court dismissed an application for judicial review of the decision of the Administrative Appeals Tribunal affirming a decision of the delegate to refuse a protection visa - where applicant provided untranslated document said to corroborate protection claim before the delegate - where applicant provided three letters said to corroborate protection claim before the Tribunal - where Tribunal formed an adverse credibility assessment - where Tribunal rejected applicant's protection claim on basis of implausibility and inconsistencies - where Tribunal gave untranslated document and three letters little evidentiary weight - whether Tribunal obliged to inquire as to the authenticity of three letters - whether Tribunal obliged to seek a translation of the untranslated document - whether failure of Tribunal to exercise power under s 424(1) to obtain new information was unreasonable - whether Tribunal identified a wrong question or otherwise committed jurisdictional error - whether Tribunal denied applicant procedural fairness - whether Federal Circuit Court (by two sets of orders) erred in dismissing applications for judicial review