CQX18 v Minister for Home Affairs [2019] FCAFC 142

CQX18 v Minister for Home Affairs [2019] FCAFC 142

The Full Court was satisfied that the proposed consent orders allowing the appeal from the Federal Circuit Court should be made because the Federal Circuit Court judge failed to afford the appellant procedural fairness. The relevant circumstances included that the appellant was unrepresented, appeared by video-link from immigration detention, had no interpreter present with him, experienced video-link difficulties, raised unfairness from being remote and alone, may not have received or understood the court book and Minister's written submissions, needed translation assistance, and was not afforded an opportunity to correct alleged translation inaccuracies in his affidavit.

Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Migration Judicial Review Appeal / Full Court Appeal From a Single Judge of the Federal Court, With Consent Orders Also Made for an Appeal From the Federal Circuit Court
Outcome
The appeal from the decision of Perram J was dismissed with no order as to costs. Leave and an extension of time were granted for the appeal from the Federal Circuit Court, that appeal was allowed, the Federal Circuit Court orders were set aside, and the matter was remitted to the Federal Circuit Court to be heard...
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'extension of Time to Appeal' 'interpreter and Translation Issues' 'video Link Hearing' 'ex Tempore Judgment' 'consent Orders on Appeal']
['migration Law' 'administrative Law' 'procedural Fairness'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'judicial Review' 'extension of Time to Appeal' 'interpreter and Translation Issues' 'video Link Hearing' 'ex Tempore Judgment' 'consent Orders on Appeal']

Case Brief

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Procedural Posture

Migration Judicial Review Appeal / Full Court Appeal From a Single Judge of the Federal Court, With Consent Orders Also Made for an Appeal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the appeal from the single judge should be dismissed by consent.' 'Whether the appellant should be granted an extension of time to appeal from the Federal Circuit Court decision.' 'Whether the Federal Circuit Court hearing failed to accord the appellant procedural fairness.' 'Whether the Federal Circuit Court orders should be set aside and the matter remitted for rehearing.']

Ratio Decidendi

The Full Court was satisfied that the proposed consent orders allowing the appeal from the Federal Circuit Court should be made because the Federal Circuit Court judge failed to afford the appellant procedural fairness. The relevant circumstances included that the appellant was unrepresented, appeared by video-link from immigration detention, had no interpreter present with him, experienced video-link difficulties, raised unfairness from being remote and alone, may not have received or understood the court book and Minister's written submissions, needed translation assistance, and was not afforded an opportunity to correct alleged translation inaccuracies in his affidavit.

Court Disposition

The appeal from the decision of Perram J was dismissed with no order as to costs. Leave and an extension of time were granted for the appeal from the Federal Circuit Court, that appeal was allowed, the Federal Circuit Court orders were set aside, and the matter was remitted to the Federal Circuit Court to be heard...

Orders

  • ['The name of the first respondent be changed to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".' 'The case management hearing listed before the Court for 9:30am on 21 August 2019 be vacated.' 'The appeal be dismissed with no order as to costs.' 'Grant leave to the appellant to...