HCYQ and Minister for Immigration and Border Protection (Migration)

This matter concerned an application by the respondent, the Minister for Immigration and Border Protection, for the applicant, HCYQ, an unlawful non-citizen detained at Yongah Hill Detention Centre, to attend a hearing via video-link. HCYQ, who was self-represented and required an interpreter, opposed this request, citing the cost and inconvenience of transferring him from Perth to Melbourne. The decision was made by Member Regina Perton of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant the respondent's request for HCYQ to appear by video-link, considering the practical difficulties and the need to ensure procedural fairness. This involved assessing the impact of video conferencing on the effective participation of a self-represented applicant who relies on an interpreter, particularly when questioning witnesses.

The Tribunal reasoned that conducting the hearing via video-link would present significant communication difficulties, especially given HCYQ's self-representation and the necessity of an interpreter. It was noted that interpreters are generally more effective when physically present with all parties in the same room, as non-verbal cues and the ability to manage the pace of speech are compromised in remote settings. The Tribunal found that it would be considerably easier for all involved, including HCYQ, his witnesses, the respondent's counsel, and the Tribunal itself, to have HCYQ present in person in Melbourne. The Tribunal referred to the decision in *Saleh*, which highlighted similar challenges in ensuring procedural fairness when an applicant is detained remotely and requires an interpreter.

Consequently, the Tribunal was satisfied that the preferable outcome was to deny the respondent's request. The Tribunal ordered that the hearing would take place in Melbourne with HCYQ, the witnesses, the interpreter, and the respondent's representatives attending in person.