GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169

GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169

Even on the applicant's preferred translation, the relevant claims were not raised in the Entry Interview and thus the IAA's adverse credibility finding stands; the alleged translation error did not operate to cause jurisdictional error or practical injustice and lacked factual merit; explanation for delay in seeking extension was insufficient; application for extension of time should be dismissed.

Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Appeal / Application for Extension of Time to Appeal From Decision of Federal Circuit Court
Outcome
Application for extension of time to appeal dismissed
Legal Topics
['extension of Time for Appeal' 'translation Errors' 'jurisdictional Error' 'natural Justice']
['administrative Law' 'migration Law'] ['extension of Time for Appeal' 'translation Errors' 'jurisdictional Error' 'natural Justice']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal From Decision of Federal Circuit Court

Legal Issues

  1. 1 ['Whether an alleged mistranslation in the Entry Interview caused jurisdictional error in the IAA decision' "Whether the mistranslation was operative and material to the IAA's adverse credibility finding" 'Whether the applicant should be granted an extension of time to appeal']

Ratio Decidendi

Even on the applicant's preferred translation, the relevant claims were not raised in the Entry Interview and thus the IAA's adverse credibility finding stands; the alleged translation error did not operate to cause jurisdictional error or practical injustice and lacked factual merit; explanation for delay in seeking extension was insufficient; application for extension of time should be dismissed.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • ['The application for an extension of time in which to appeal is dismissed.' "The applicant is to pay the first respondent's costs of the application."]