DVO16 v. Minister for Immigration and Border Protection & Anor

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.