Rong & Ors v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter came before the High Court of Australia concerning an application by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs against Mr Rong and other plaintiffs. The central dispute revolved around the practical arrangements for the cross-examination of Mr Rong, a witness residing in China, in circumstances where the High Court's resourcing for remote witness examinations differed from that of the Federal Court. The Minister, represented by Mr Johnson, sought to cross-examine Mr Rong, with the plaintiffs, represented by Mr Guo, raising concerns about the accessibility of technology in China and the potential impact of COVID-19 restrictions.

The primary legal issues before the Court were the logistical and procedural requirements for conducting a remote cross-examination of a witness located overseas, specifically in China. This included determining the feasibility of using platforms like Microsoft Teams, the necessity for document translation, the organisation of accredited interpreters, and the allocation of court time. The Court also considered the potential impact of China's COVID-zero policy on the witness's ability to attend an office environment for the examination.

His Honour addressed the practicalities of the cross-examination, noting the High Court's limited resourcing compared to the Federal Court. The Court indicated that the cross-examination would likely focus on testing factual propositions, such as the plaintiffs' alleged lack of knowledge of falsity, and potentially whether evidence before the Minister was properly considered. The Court outlined a procedure involving the use of the Federal Court's facilities, requiring the parties to arrange for document translation, a NAATI interpreter, and confirmation of Microsoft Teams accessibility in China. The Court expressed a preference for the witness to be in an office environment to add formality to the process and scheduled the matter for a half-day hearing in late January 2022, with specific dates proposed for the parties to confirm.