Christopher Levingston Blog

This case involved an unrepresented applicant who ran his case at the FCC but was unsuccessful.

AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca1951

The case was dismissed at the FCC but the Judge's reasons, which were delivered orally from the bench (extempore), were not translated by the interpreter, and the written judgement was not handed down until after the appeal period had lapsed ( 21 days).

These features deprived the applicant of procedural fairness and on that basis the judgement of the FCC was set aside.