Federal Court. In determining whether the Tribunal afforded the Appellant a meaningful hearing under s 425 of the Migration Act 1958 (Cth), is there a distinction between a “bald statement of belief” on the part of a witness, which may not assist the Tribunal, "and the facts, matters and circumstances supporting that belief, which may be of considerable relevance and importance to determining if that belief has a proper foundation, and therefore should be accepted"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: In determining whether the Tribunal afforded the Appellant a meaningful hearing under s 425 of the Migration Act 1958 (Cth), is there a distinction between a “bald statement of belief” on the part of a witness, which may not assist the Tribunal, "and the facts, matters and circumstances supporting that belief, which may be of considerable relevance and importance to determining if that belief has a proper foundation, and therefore should be accepted"?
Question 2: Is a hearing necessarily meaningful if it is long?
The FCA answered those questions as follows: