BMH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The case involves BMH17, who appealed against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in the Federal Circuit and Family Court of Australia. The central issue was whether the appellant and applicant, who were litigants in person with limited English language skills, were given a reasonable opportunity to particularise their grounds of review. The court also considered whether the grounds of appeal should be characterised as new, and if leave should be granted to raise 'new' grounds of review. Additionally, the court examined whether the Immigration Assessment Authority's failure to exercise its procedural power to 'get in' a translation of a document under s 473CD of the Migration Act 1958 (Cth) was legally unreasonable in the circumstances.

The court found that the translation ground was latent and not particularised in the proceedings before the primary judge due to procedural failings for which the appellants were not responsible or entirely responsible. The court also concluded that, in the unique circumstances of this case, the interests of the administration of justice may require modification of the application of the usual principles concerning leave to raise a 'new' ground on appeal. The court held that the Authority's decisions were legally unreasonable in the circumstances, and that the Authority's failure to exercise its procedural power to 'get in' a translation of the document was legally unreasonable.

The court allowed the appeal, set aside the judgment of the Federal Circuit and Family Court of Australia, and remitted the matter to the Immigration Assessment Authority for determination according to law. The court also granted leave to the appellant to plead ground 2 of the draft notice of appeal, and received additional documents as further evidence in the appeal. The court made no order as to the costs of the proceedings or the appeal.