Presenting Evidence on Mobile Phone at the AAT

In this digital age, the storage of documents by way of digital storage service is becoming more widely common. However, if appealing a case at the Administrative Appeals Tribunal (AAT) and invited to a hearing, can you show documents on your mobile phone as supporting evidence? If the Tribunal Member refused to allow you to turn on your mobile phone and show such evidence, has the Member committed a jurisdictional error?

The short answer to the above is no. This issue was observed in the recent case of BVT18 in the Federal Circuit Court (FCCA),

The Applicant is from China who had applied for a Protection (subclass 866) visa based on his religious belief and claimed that he suffered harm in China due to his belief. The Department of Home Affairs refused the application, and the AAT affirmed this decision. At the judicial review before the FCCA, the Applicant claimed that the Tribunal Member, during the AAT hearing, failed to allow him to show evidence on his mobile phone – and therefore alleged that the member had committed a jurisdictional error. He also added that the Tribunal had not asked him to provide the documents in writing.

….

[31] At the hearing today, the Applicant confined his complaints to the Tribunal’s failure to look at the screen shots on his mobile phone and the Tribunal’s failure to invite him to provide the documents on his mobile phone in writing. The Applicant said that he wanted to provide evidence and should have been given the opportunity. In his affidavit, the Applicant stated that the documents on his mobile phone served as his political statement and declaration and were proof of his political views against one party autocracies and their corruption.

….

In the decision, Judge Emmett decided that the Tribunal has considered the oral evidence provided by the Applicant, and therefore has given proper consideration.

          ….

[34] The transcript makes clear that the Tribunal member was exploring whether the Applicant or his assistant had been contacted by a member of the security services…. It was a screenshot of that email from his assistant to that effect that the Applicant wished to show the Tribunal. While the Tribunal refused the Applicant’s request to turn on his mobile phone, the Tribunal member invited the Applicant to say how he was contacted ….

….

It is also noted that the Tribunal also has no duty to investigate an applicant’s claim. Rather, the Tribunal’s duty is to review and not a duty to enquire. (see Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 at [25]).

How Can We Help You? 

Appealing your case before the Tribunal or any Court can be a daunting experience. You also need to ensure that you have strong grounds and evidence for your case. Therefore, representation matters and a good representation plays an important role.  If you require any assistance concerning your appeal proceedings, please contact us.

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’t your language, we can also help you arrange an interpreter.