Section 425 of the Migration Act 1958 (Cth) is directed to the invitation afforded to an applicant to appear before the Tribunal, and reliance by the Tribunal on a mistakenly translated compliance interview does not breach s 425. To succeed on a complaint about inadequate interpretation at a Tribunal hearing, an applicant must show either that the standard of interpretation was so inadequate as to effectively prevent the giving of evidence, or that interpretation errors were material to the Tribunal's adverse conclusions. Under s 476(1)(g) read with s 476(4)(b), the non-existence of particular facts due to translation errors is insufficient if the Tribunal did not base its decision on those facts.
The full text is available to signed-in members, including the 54 later cases that cite this judgment.
5 of the 54 citing cases carry a classified treatment. How each court treated it is available to signed-in members.