Pham v Minister for Immigration

In *Pham v Minister for Immigration*, the applicants sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The core of the dispute concerned adverse credibility findings made by the Tribunal member against the first and second applicants. A significant procedural issue arose because the transcript of the AAT proceedings could not be produced due to technical errors, preventing the court from examining it to assess allegations of procedural unfairness.

The Federal Court was required to determine whether the applicants had been denied procedural fairness by the AAT. Specifically, the court had to consider the implications of the missing transcript on the applicants' ability to challenge the adverse credibility findings and whether the AAT had otherwise provided a fair hearing. The court also had to consider whether a prior offer of a fair hearing with a transcript, made by the AAT, was sufficient to overcome the subsequent inability to provide the transcript.

Judge Egan reasoned that the inability to access the transcript was a critical impediment to the applicants receiving a fair hearing, particularly in light of the adverse credibility findings. The court found that the absence of the transcript meant the applicants could not adequately challenge the basis of the Tribunal's decision. Consequently, the court quashed the AAT's decision and directed that the matter be remitted to the AAT to be heard and determined by a different member according to law. The First Respondent was ordered to pay the applicants' costs.