Reaching Reasonable Satisfaction: A Constructive Requirement for Protection Interviews?

This paper examines the role of interviews in Australian protection visa decision-making, arguing that while not a statutory requirement, interviews are often constructively required to ensure procedural fairness and achieve reasonable satisfaction. The analysis explores the evolution of departmental policy from an initial presumption favouring interviews to a more exceptionalist approach driven by administrative efficiency. It argues that this shift creates tension with the underlying legal framework and risks legal error. Analysis of key cases such as Plaintiff S157/2002, Saeed , and Chen , alongside departmental policy, suggests that failure to make obvious inquiries or engage with applicants directly, particularly regarding credibility, can constitute jurisdictional error. The paper calls for balanced procedures that identify when interviews are necessary while maintaining efficient processing.