SZTTO v Minister for Immigration

This matter came before Judge Barnes of the Federal Court of Australia concerning an application for judicial review by SZTTO (the Applicant) against the Minister for Immigration (the First Respondent). The Applicant sought to challenge a decision made by the Administrative Appeals Tribunal, which had affirmed a decision to refuse her visa application. The core of the Applicant's challenge related to alleged deficiencies in the interpretation provided during the Tribunal hearing.

The legal issues before the Court were whether the Administrative Appeals Tribunal had failed to afford the Applicant a fair hearing, contrary to section 425 of the Migration Act 1958 (Cth), due to the alleged lack of professionalism and experience of the interpreter. The Applicant also contended that the interpreter used English words excessively, which was not apparent from the transcript. The Court was required to consider the evidence before it, including the transcript of the hearing and the Tribunal's record, to determine if these alleged deficiencies rendered the hearing unfair.

Judge Barnes reasoned that while there were apparent typographical errors in the transcript, the First Respondent did not dispute its general accuracy. Regarding the interpreter, the Court noted that the interpreter was NAATI accredited, albeit at Level 2. Crucially, the Applicant had indicated at the commencement of the hearing that she had no difficulty understanding the interpreter and was happy to proceed. There was no evidence that the Applicant subsequently raised any concerns about the interpreter's performance with the Tribunal. While the absence of a complaint was not determinative, it did not support the contention that the interpreter's qualifications or experience inherently demonstrated a failure to afford a fair hearing. The Court also found no evidence from the transcript or other material to support the claim that the interpreter used English words more than 30 per cent of the time. The Court considered the transcript as a whole in relation to the Applicant's claims about the interpretation.