A refusal by a judge to permit a self-represented applicant to present submissions in support of an application under s 22 of the Crimes (Appeal and Review) Act 2001 (NSW) constitutes a denial of procedural fairness amounting to jurisdictional error. Section 22(3) requires a 'hearing' which is a condition precedent to determination, and there can be no relevant hearing unless the applicant is afforded the opportunity to reasonably and fairly advance his or her case.
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