The Tribunal's obligation under s 425 is objective — a hearing conducted when an applicant is unfit to participate is invalid for jurisdictional error even if the Tribunal had no knowledge of the applicant's condition, and credibility findings based on vague evidence may be vitiated where there is an alternative explanation for the vagueness.
The full text is available to signed-in members, including the 124 later cases that cite this judgment.
12 of the 124 citing cases carry a classified treatment. How each court treated it is available to signed-in members.