A1.15 Practical steps towards achieving fairness and...

A1.15 Practical steps towards achieving fairness and natural justice in decision-making

1. If the applicant insists on proceeding, accept and process an application made in the prescribed manner (see R2.35 - R2.50), even if it is likely that it will be declined; and
2. consider all the facts, keeping an open mind towards all relevant forms of evidence; and
3. distinguish fact from opinion, rumour, allegation, assumption or report; and
4. apply relevant policy or criteria; and
5. inform the applicant of the actual reasons for a decision; and
6. include an interpreter in an interview if the applicant is not fluent in English, or if the applicant asks for one to be present (see A14); and
7. include an applicant's lawyer, immigration adviser, or family representative if the applicant asks for them to be present.

Note: rulings from the courts, Ombudsmen, senior officers or appeal authorities may be used as guidelines in appropriate situations.

A1.15.1 Role of representatives at interviews

If an applicant has a representative at the interview, the representative must be given the opportunity to make any comments or submissions on the application to the officer. Subject to the discretion of the officer, such comment and submission will normally be made at the start and/or finish of the interview.

Effective 04/05/2009