Federal Court (Full Court). If a party applies for judicial review of a decision of the AAT but does not join the AAT as a party to the proceedings, is that necessarily fatal to those proceedings? Does the bare fact that a non-citizen is self-represented at the Tribunal and in immigration detention during the AAT hearing amount to a denial of procedural fairness?
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: If a party applies for judicial review of a decision of the Tribunal but does not join the AAT as a party to the proceedings, is that fatal to those proceedings?
Question 2: Does the bare fact that a non-citizen is self-represented at the Tribunal and in immigration detention during the Tribunal hearing amount to a denial of procedural fairness?
The FCAFC answered those questions as follows: