Procedural Fairness Flashcards
What is Procedural Fairness also known as?
Principal of Natural Justice
What does Procedural Fairness ensure for individuals?
Right to be treated fairly, right to be heard, and right to an unbiased decision
List three rights individuals should have according to Procedural Fairness.
- Participate in legal proceedings
- Know the accusations against them
- Present their evidence in a hearing
What is the presumption of innocence?
An individual is considered innocent until proven guilty
What does the right to appeal entail?
The ability to challenge a legal decision
True or False: Legal decisions should be made based on irrelevant information.
False
What is the significance of transparency in legal proceedings?
Ensures open court and no secret trials
What is the importance of equality in Procedural Fairness?
Everyone should have the same rights and treatment in legal processes
What was the outcome of the case Kioa v West regarding Procedural Fairness?
Kioa was not given a chance to respond before the deportation decision
What duty did authorities fail to fulfill in Kioa v West?
Duty to provide reasons for the refusal of Kioa’s application
What principle was strengthened by the Kioa v West case?
People affected by government decisions must be given a fair hearing
In what year was Dr. Mohamed Haneef arrested?
2007
How long was Dr. Mohamed Haneef held without charge?
12 days
What was the reason given for Dr. Haneef’s visa cancellation?
Failure of the character test
What was one major issue in Dr. Haneef’s case regarding evidence?
Authorities misrepresented evidence and denied his lawyer access
What was the result of the charges against Dr. Haneef?
The charge was dropped and his visa was reinstated
What compensation did Dr. Haneef receive after his ordeal?
An apology and compensation
