Blind justice: the pitfalls for


LIMITING THE SCOPE OF JUDICIAL REVIEW



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LIMITING THE SCOPE OF JUDICIAL REVIEW

  1. Nonetheless, the jurisdiction of the courts in the area of judicial review has not developed without challenge by the legislature. The Administrative Law Council, in their report launched only last week, addressed the question of the desirable scope and circumstances in which limitations on judicial review may be justified.

  2. One such area has been seen by the Parliament to be in the area of migration law. The report by the Council explains that an unmeritorious challenge to decision making is most likely to arise when the making of such a challenge provides some collateral advantage.60 In some migration cases the Council said that this advantage may be two-fold: not only does the applicant benefit from the delay of the enforcement of decision, but often the making of such an application provides a basis for eligibility for a bridging visa. Despite the anecdotal evidence of abuse of these processes by some applicants, the Council was not convinced that such considerations justify a limitation on the right to judicial review, as any such limitation can apply indiscriminately to both applicants with and without merit.61

  3. In light of such a conclusion, the Council saw that the appropriate response revolved around the establishment of procedures to minimize the amount of delay involved in the judicial process and to provide, to the extent possible, for a single avenue of redress62.




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