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Immigration Daily News High Court of Australia Immigration Summaries 11 March 2021
Immigration Daily News High Court of Australia Immigration Summaries 11 March 2021Australian Immigration Daily News
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High Court of Australia Immigration Summaries 11 March 2021
| Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 High Court of Australia Kiefel CJ; Keane, Gordon, Edelman & Steward JJ Migration law - first respondent sought Protection (Class XA) visa - delegate of Minister refused application - Administrative Appeals Tribunal affirmed delegate's decision - first respondent sought judicial review - first respondent unrepresented but obtained interpreter's assistance - Judge Street, of Federal Circuit Court of Australia, dismissed application - Judge Street's orders, but not ex tempore 'oral reasons', were translated for first respondent's benefit - first respondent appealed - first respondent unrepresented - Mortimer J found no error in Judge Street's reasons or Tribunal's reasons - Mortimer J allowed appeal on basis that the failure to have oral reasons translated for first respondent's benefit 'constituted a denial of procedural fairness' - appellant appealed - 'procedural fairness' - 'practical justice' - whether first respondent deprived of opportunity to formulate argument due to failure to translate 'ex tempore' reasons - held: appeal allowed. Minister for Immigration |
| Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 High Court of Australia Kiefel CJ; Keane, Gordon, Edelman & Steward JJ Migration law - first respondent sought Protection (Class XA) visa - delegate of Minister refused application - Administrative Appeals Tribunal affirmed delegate's decision - first respondent sought judicial review - first respondent unrepresented but obtained interpreter's assistance - Judge Street, of Federal Circuit Court of Australia, dismissed application - Judge Street's orders, but not ex tempore 'oral reasons', were translated for first respondent's benefit - first respondent appealed - first respondent unrepresented - Mortimer J found no error in Judge Street's reasons or Tribunal's reasons - Mortimer J allowed appeal on basis that the failure to have oral reasons translated for first respondent's benefit 'constituted a denial of procedural fairness' - appellant appealed - 'procedural fairness' - 'practical justice' - whether first respondent deprived of opportunity to formulate argument due to failure to translate 'ex tempore' reasons - held: appeal allowed. Minister for Immigration (WML)) |
| Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 High Court of Australia Kiefel CJ; Gageler, Keane, Edelman & Steward JJ Migration law - Minister cancelled respondent's visa under s501(3A) Migration Act 1958 (Cth) - appeal concerned 'meaning and operation of' s501CA(3) Migration Act - Full Court of Federal Court of Australia held sub-section required that 'recipient be capable of understanding the information and invitation' to make representations and that Minister, or delegate of Minister, personally give information and invitation to recipient - Minister appealed - relevance of capacity of respondent to understand - whether personal performance of duties by Minister or delegate required - held: Minister's appeal grounds allowed - however appeal dismissed on basis invitation to make representations in letter from delegate of Minister 'did not provide a way to ascertain' period in which representations were required to made in accordance with Migration Regulations 1994 (Cth) - notice of contention upheld - appeal dismissed. Minister for Immigration and Border Protection |
Source: Benchmark
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