70617 Study Guide - Final Guide: Australian Conservation Foundation, Vietnamese Boat People, Division Of Mackellar
Document Summary
Decision may be invalid because decision-maker: (1) failed to take account of a relevant consideration (2) took account of an irrelevant consideration. Most frequently used grounds of judicial review. Relevancy: taking irrelevant consideration into account or failing to take a relevant consideration into account. Statute: adjr (sec 5 for decisions - equivalent provisions for conduct under sec 6: sec 5(1)(e) grounds for review under adjr incl. improper exercise of power, sec 5(2)(b) dm failing to take into account relevant considerations. Note: same test for relevancy at cl and adjr. Dm must have failed to take into account a consideration which the dm was required to consider under the act, either expressly or impliedly. 3 step test: the decision-maker failed to take account of a consideration: Khan v minister for immigration and ethnic affairs (1987) (fca): dm required to give (cid:494)proper, genuine and realistic consideration(cid:495) to the merits of the case. But see now minister for immigration v szjss (2010) (hca):
