5 Dec 2008
FB v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- FB v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL51/2007
Blanket departmental policies that deny the presence of legal representatives during CAT screening and refuse publicly funded legal assistance to indigent claimants are unlawful because they fail the high standards of fairness required by Prabakar; further, a system where interviewers are distinct from decision-makers without adequate training of decision-makers is procedurally unfair; petition decisions require adequate reasons and, in many cases, an oral hearing and opportunity for representation; these defects require quashing of affected decisions and declaratory relief.