The Federal Court held that the Administrative Review Tribunal did not deny procedural fairness by failing to specifically question the applicant about the risks posed by his amphetamine use, where the applicant himself had volunteered extensive evidence about his broad drug use history including amphetamine use, and the adverse conclusions drawn were an obvious and natural evaluation of that known material. The Court confirmed that procedural fairness does not require a decision-maker to question an applicant on issues that are obviously relevant and where the substance of the information is already known to the applicant, applying Alphaone and Hala principles. The Tribunal's finding of reoffending risk was based on the applicant's broad pattern of drug dependency and relapse rather than any single substance, so no separate opportunity to address amphetamine-specific risk was required.
The full text is available to signed-in members.