Amelia X applies for compensation from the fund. She alleges that she paid the Wings of a Dove Travel Agency for a vacation in a four-star hotel, but the hotel turned out to be a two-star hotel. The registrar is concerned about whether the information she has provided supports her claim and is considering refusing theclaim.

a) Does procedural fairness require that the registrar provide an opportunity for consultation or a hearing before refusing the claim? If not, why not? If so, who is entitled to procedural fairness and what kind of consultation or hearing would satisfy the requirements of procedural fairness under these circumstances?

b) If the registrar refuses Amelia's claim, does procedural fairness require that she have a right to appeal the decision? If not, why not?

c) Suppose the Travel Agents Act does provide Amelia with a right to appeal the registrar's decision to a tribunal, the Travel Compensation Fund Appeal Board. Dothe principles of procedural fairness apply to this tribunal? If not, why not?

d) If so, what appeal procedures would satisfy the requirement for procedural fairness under these circumstances?

e) Would the principles of procedural fairness require that anyone other than Amelia have an opportunity to participate in the appeal?

Answer rating: 100% (QA)

a Procedural fairness typically requires an opportunity for consultation or a hearing before refusin... View the full answer