1.4.0 JR Grounds

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Course
JSB171
Professor
All Professors
Semester
Spring

Description
JR Grounds Decision: s5(1) ADJR | s20(2) JR Conduct: s6(1) ADJR | s21(2) JR A person who is aggrieved [STANDING] by a decision to which this Act applies [PREREQUISITES] that is made after the commencement of this Act may apply to the Federal Court or the Federal Magistrates Court for an order of review in respect of the decision on any one or more of the following grounds: (a) that a breach of the rules of natural justice occurred in connection with the making of the decision; (b) that procedures that were required by law to be observed in connection with the making of the decision were not observed; (c) that the person who purported to make the decision did not have jurisdiction to make the decision; (d) that the decision was not authorized by the enactment in pursuance of which it was purported to be made; (e) that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made; → ss 5(2), 6(2) ADJR | s23 JR The reference in paragraph (1)(e) [JR: sections 20(2)(e) and 21(2)(e)] to an improper exercise of a power shall be construed as including a reference to: (a) taking an irrelevant consideration into account in the exercise of a power; (b) failing to take a relevant consideration into account in the exercise of a power; (c) an exercise of a power for a purpose other than a purpose for which the power is conferred; (d) an exercise of a discretionary power in bad faith; (e) an exerc
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