BMH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1062

Federal Court of Australia

BMH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1062 Appeal from: BMH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 1315 Application for Extension of Time: BMJ17 v Minister for Immigration, Citizenship, Migrant Services And Multicultural Affairs & Anor [2020] FCCA 1320

File numbers: WAD 159 of 2020 WAD 168 of 2020

Judgment of: FEUTRILL J

Date of judgment: 8 September 2023

Catchwords: MIGRATION – appeal – application for extension of time to appeal – where grounds of judicial review dismissed for want of particularity – where appellant and applicant litigants-in-person with limited English language skills – where grounds of appeal within broad scope of grounds of judicial review – where particulars evident from materials in Minister's possession, custody or power – whether appellant and applicant given reasonable opportunity to particularise grounds of review – whether grounds of appeal should be characterised as new – whether leave should be given to raise 'new' grounds of review – where translation of document referred to in refugee interview not given to Immigration Assessment Authority – where Authority did not exercise procedural power to 'get in' a translation of the document under s 473CD of the Migration Act 1958 (Cth) – whether Authority's failure legally unreasonable in the circumstances

Legislation: Migration Act 1958 (Cth) ss 5(1), 5H, 5J, 5J(1)(a), 29, 35A, 35A(3), 36, 36(2)(a), 36(2)(aa), 36(2)(b), 36(2)(c), 51A, 54, 55, 56, 57, 58-64, 65, 66(1), 463BA, 473BB, 473CA, 473CB, 473CB(1), 473CB(1)(b), 473CB(1)(c), 473CC, 473CC(1), 473DA, 473DA(1), 473DB, 473DC, 473DD, 473DE, 473DF, 473FA(2), 473FB; Ptt 2, 7AA; Div 3, subdiv AB Federal Court Rules 2011 (Cth) 1.32, 1.34, 1.40, 33.29, 36.03, 36.05, 36.57 Migration Regulations 1994 (Cth) Sch 2