If English is not your first language and you are applying for a judicial review at the Federal Court following a decision of the Administrative Review Tribunal, there is one critical step you should not overlook:
👉 Request an interpreter on your Federal Court application form.
On page 5, you’ll see the question: Does the applicant require an interpreter?
Tick [Yes] and specify the language you speak—whether it’s Mandarin, Hindi, Spanish, Bengali, Malay, or another.
A real example from today’s callover
Earlier today, I attended a Federal Court callover hearing. Several applicants were present, with Mandarin and Bengali interpreters already arranged. As usual, interpreters worked under the associate’s guidance, helping applicants and lawyers check in before the registrar joined.
Then something unexpected happened:
A new applicant joined the waiting room. She spoke some English but sounded hesitant. After speaking with the associate, it turned out her first language was Malay—but she hadn’t requested an interpreter when she lodged her application.
Normally, the registrar would reschedule the matter for another date with an interpreter. Today, however, the registrar allowed her to join another callover session one hour later, with a Malay interpreter’s assistance.
What you should know
Your case will proceed smoothly if the court knows in advance which language interpreter you require. However, if there is no interpreter support for any reason, the court can usually reschedule the hearing a couple of days or a week later. This is very different from non-appearance.
Even if your English is “okay,” requesting an interpreter is still strongly recommended.
Court’s responsibility: Courts have a duty to ensure individuals can understand and participate in proceedings. This includes providing qualified interpreters for those with limited English proficiency. While this duty is more formal in criminal and domestic matters, civil proceedings also require fairness and access to justice, which a properly qualified interpreter ensures.
Non-appearance – Very Cautious
You may want to reconsider if you try to skip your hearing because you forgot to request an interpreter or feel that your English is limited. The court may not accept excuses like the ones below for your non-appearance.
- “I forgot to tick the interpreter box.”
- “I don’t understand English well.”
Non-appearance can lead to serious consequences, including much longer delays before your case is heard as you have shown that you have no intention to attend your hearing punctually and explain your situation to the registrar.
Technical issues vs. non-attendance
As a NAATI-certified interpreter, I’ve seen applicants disconnected due to technical issues during check-in. Because the court could see they tried to attend, their hearing was rescheduled to a later date.
This is very different from not attending at all, which can jeopardise your case and cause unnecessary inconvenience.
If you no longer wish to continue, you may consider to withdraw your case, which is straightforward and avoids wasting time for everyone involved.
Be careful who you listen to
If someone tells you not to attend your court hearing, think twice:
- A qualified lawyer in Australia would never advise you to skip a hearing without a proper reason.
- A migration or education agent cannot provide legal advice and should not guide you on court attendance.
Always verify that the person giving advice is properly qualified.
✅ Requesting an interpreter is simple.
✅ It protects your rights.
✅ It ensures your Federal Court case proceeds without unnecessary delays.
#Interpreting #NAATI #FederalCourt #JudicialReview #MigrationLaw #AccessToJustice #CourtHearing
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