BNB17 v. Minister for Immigration and Border Protection & Anor

Lower Court Judgment

12/03/2020 Federal Court of Australia (Anderson J)

[2020] FCA 304

Catchwords

Migration law – Fast track review process – Migration Act 1958 (Cth) Pt 7AA – Where applicant applied for Safe Haven Enterprise Visa on basis that he feared serious or significant harm due to imputed support for Liberation Tigers of Tamil Eelam – Where Minister’s delegate refused application – Where applicant contended interview conducted by delegate affected by material translation errors – Where, on review,  Immigration Assessment Authority (“IAA”) affirmed delegate’s decision – Where Federal Circuit Court dismissed application for judicial review – Where appeal to Federal Court dismissed – Whether alleged translation errors in initial interview had consequence that IAA could not perform its function of considering “review material” – Whether, when on notice of alleged translation errors, it was legally unreasonable for IAA to fail to mould its procedures to cure effect of alleged errors by using power in s 473DC to get new information or taking any other step – Whether, when on notice of alleged translation errors, it was legally unreasonable for IAA to make adverse credibility findings relying on aspects of applicant’s evidence allegedly affected by errors.