BLD15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 790

BLD15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 790

Grounds 1 and 2 failed because the appellant did not establish that his English proficiency was insufficient to allow him to give evidence and present arguments in a real and meaningful way. He nominated English as his preferred language, declined an interpreter before and during the Tribunal hearing, had previously dealt with the delegate in English, was represented by a migration agent who took instructions in English, and the audio recording showed that his answers were generally responsive and understandable. The Tribunal was therefore not required to insist on a Kinyarwanda or French interpreter, did not breach s 425 or s 427(7), and did not act legally unreasonably. Although the...

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review of Tribunal Decision Affirming Refusal of Protection Visa / Appeal; Grounds 1 and 2 Determined, Ground 3 Adjourned
Outcome
Grounds 1 and 2 of the amended notice of appeal dismissed with costs; hearing of ground 3 adjourned pending High Court disposition of related appeals.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'procedural Fairness' 'interpreter at Tribunal Hearing' 'migration Act 1958 (cth) Ss 425 and 427(7)' 'jurisdictional Error' 'legal Unreasonableness' 'section 438 Certificates']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'procedural Fairness' 'interpreter at Tribunal Hearing' 'migration Act 1958 (cth) Ss 425 and 427(7)' 'jurisdictional Error' 'legal Unreasonableness' 'section 438 Certificates']

Case Brief

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Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review of Tribunal Decision Affirming Refusal of Protection Visa / Appeal; Grounds 1 and 2 Determined, Ground 3 Adjourned

Legal Issues

  1. 1 ["Whether the Tribunal's decision was affected by jurisdictional error because it conducted the hearing in English and did not require the appellant to give evidence through an interpreter." 'Whether the primary judge erred by proceeding to hear the Federal Circuit Court application without adequate evidence of whether the Tribunal hearing had been conducted according to law and without requiring tender of the audio recording.' "Whether the Tribunal's decision was affected by jurisdictional error because it allegedly relied on s 438 certificates without disclosing them to the appellant."]

Ratio Decidendi

Grounds 1 and 2 failed because the appellant did not establish that his English proficiency was insufficient to allow him to give evidence and present arguments in a real and meaningful way. He nominated English as his preferred language, declined an interpreter before and during the Tribunal hearing, had previously dealt with the delegate in English, was represented by a migration agent who took instructions in English, and the audio recording showed that his answers were generally responsive and understandable. The Tribunal was therefore not required to insist on a Kinyarwanda or French interpreter, did not breach s 425 or s 427(7), and did not act legally unreasonably. Although the...

Court Disposition

Grounds 1 and 2 of the amended notice of appeal dismissed with costs; hearing of ground 3 adjourned pending High Court disposition of related appeals.

Orders

  • ['Grounds 1 and 2 of the amended notice of appeal be dismissed with costs.' 'The hearing of ground 3 be adjourned until the disposition by the High Court of the appeals from the judgments in SZMTA v Minister for Immigration and Border Protection [2017] FCA 1055; Minister for Immigration and Border Protection v CQZ15...