The Australian High Court has found that a Sri Lankan Tamil was denied procedural fairness when his application for refugee protection was denied.
Judges unanimously found the man, referred to only as WZARH, who arrived at Christmas Island in 2010, presented his case for refugee protection to an independent reviewer.
But his case was taken over by a second reviewer who rejected the claim after considering the transcript and audio recording of the first interview and without conducting a second interview.
The judges ruled that procedural fairness required that the man be informed the review process had changed, allowing him to be heard on how it should proceed.
They said a second interview might have made a difference.
His case will now be reconsidered. ( AAP)