70617 Study Guide - Final Guide: Statutory Interpretation
Document Summary
Dm exercises a power in a way that is corrupt or dishonest or fraudulent. S 5(2)(d): an exercise of a discretionary power in bad faith. Overlaps with improper purpose, but requires a reprehensible intention. No comprehensive definition, but see sbbs v min for imm (2002) (fc) [14. 3. 45] May be sufficient to demonstrate dm was reckless in exercising the power. Adjr s 5(1)(g): decision was induced or affected by fraud. Need actual fraud, not (cid:494)real possibility(cid:495) or (cid:494)real suspicion(cid:495) of fraud; wati v min for imm (1997) (hc) This ground may arise because of fraud of the decision-maker. More frequently used where decision affected by fraud/dishonesty of a third party. Szfde v min for imm (2008) (hc) [14. 3. 42] Advisor to refugee applicants fraudulently claimed to be a solicitor and migration agent but had been struck off both rolls. Advised all their clients not to turn up to tribunal. Had committed a fraud on the clients and on the tribunal.
