5 Dec 2008
NS v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- NS v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL105/2007
A blanket policy denying the presence of legal representatives during CAT questionnaire/interviews and refusing to provide funded legal assistance to indigent claimants fails the high standard of procedural fairness required by Prabakar and is unlawful; additionally a system where interviewers are not the decision-makers without demonstrable training of the decision-makers is unfair; petitions require provision for oral hearing in appropriate cases and adequate reasons must be given; systemic bias not established on the evidence.