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 immigration and operational instructions; and
5. inform the applicant of the reasons for a decision (consistent with Section 27 of the Immigration Act 2009), if the application is declined (see E7.35); 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 bodies may be used as guidelines for decision-making 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 immigration 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 29/05/2025