Logical Connection

  There are only very limited grounds on which fact finding can be challenged on a judicial review application. This is highlighted by MZZGE v Minister for Home Affairs [2019] FCAFC 72. In that case, the Applicant (pregnant with a second child) said she would be...

Active Intellectual Process

It is a principle of administrative law, that decision makers must give ‘proper, genuine and realistic consideration to the merits of the case’ before making their decision. If they fail to do so, the decision will be “infected” with jurisdictional error and be liable...