High Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6

4 Mar 2021

Case Number: P23/2020

Before

KIEFEL CJ, KEANE, GORDON, EDELMAN, STEWARD JJ

Catchwords

Immigration – Visas – Application for protection visa – Procedural fairness – Where delegate of Minister rejected first respondent's application for protection visa – Where Administrative Appeals Tribunal affirmed delegate's decision – Where first respondent sought judicial review of that decision in Federal Circuit Court – Where first respondent unrepresented before Circuit Court and obtained assistance of interpreter – Where Circuit Court dismissed application for judicial review and delivered ex tempore judgment – Where Circuit Court orders were translated to first respondent but ex tempore reasons were not – Where written reasons delivered by Circuit Court after first respondent filed notice of appeal in Federal Court of Australia – Where Federal Court held that failure of Circuit Court to have ex tempore reasons for judgment translated resulted in denial of procedural fairness – Whether Federal Court erred in holding that Circuit Court denied first respondent procedural fairness – Whether Federal Court erred in holding that setting aside Circuit Court's judgment necessary to provide first respondent with practical justice.

Words and phrases – "assistance of an interpreter", "ex tempore reasons", "failure to translate", "judicial function", "operative reasons", "oral reasons", "practical injustice", "practical unfairness", "procedural fairness", "written reasons".

Federal Circuit Court of Australia Act 1999 (Cth) – ss 5, 42, 57, 74, 75.

Federal Circuit Court Rules 2001 (Cth) – rr 15. 27, 16. 01, 16. 02.
PDF   DOCX



PDF MD5: 6207830db95a63186bae7dc71acfea4b
DOCX MD5: 18771aa5a5216752fd344f6516331384