CQX18 v Minister for Home Affairs [2019] FCAFC 142 (21 August 2019) (Allsop CJ, Perry and Gleeson JJ)


Catchwords:


MIGRATION – appeal from single judge of Federal Court – transcript of Federal Circuit Court proceedings not before single judge – transcript revealed that Federal Circuit Court judge failed to afford procedural fairness – delay in producing written reasons – not evident that Minister’s submissions had been translated to appellant – appellant not afforded opportunity to correct affidavit by evidence – Federal Circuit Court judge instructed interpreter not to interpret ex tempore judgment – appeal from single judge of Federal Court dismissed – extension of time within which to appeal against Federal Circuit Court decision granted – appeal against Federal Circuit Court judge allowed – matter remitted to Federal Circuit Court to be heard by a different judge