Case S66/2020

DVO16 v. Minister for Immigration and Border Protection & Anor

Case No.

S66/2020

Case Information

Lower Court Judgment

09/09/2019 Federal Court of Australia (Greenwood, Flick and Stewart JJ)

[2019] FCAFC 157

Catchwords

Migration law –Fast track review process –Migration Act 1958(Cth) Pt 7AA –Where appellant applied for temporary protection visa –Where Minister’s delegate conducted interview with appellant –Where translation errors and omissions occurred in interview –Where Minister’s delegate refused application –Where, relying on material obtained in interview, Immigration Assessment Authority(“IAA”) reviewed delegate’s decision –Where IAA affirmed delegate’s decision –Whether, in circumstances where material translation error occurred in delegate’s interview and IAA relies on material obtained in interview in reviewing delegate’s decision under Pt 7AA, IAA needs to have actual or constructive knowledge of translation error for jurisdictional error to arise.

Documents*

17/04/2020 Hearing (SLA, Melbourne v/link Sydney)

01/05/2020 Notice of appeal

05/06/2020 Written submissions (Appellant)

05/06/2020 Chronology (Appellant)

03/07/2020 Written submissions (Respondent)

24/07/2020 Reply

09/10/2020 Hearing (Full Court, Canberra) VACATED

*The due dates shown for documents on this page are indicative only.