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LAW 2504 Administrative Law

tag 0 Download 10 Pages / 2,464 Words tag 26-07-2021

Question 

Part 1: Non-judicial review

This part requires advice on the availability of, and best options for, informal review, internal review, FOI, Ombudsman and tribunal review of the administrative decision.

  1. You must outline the merits issues and legal issuesthat you consider relevant. Such issues must be supported by references in the footnotes to the relevant legislation, guidelines and cases. 
  2. Reference must be made to the legislative sections covering the procedures and application fees for these actions, and what procedures your client should expect at each step, and how long the review process could take.

Part 2: Judicial Review

This part requires advice on the possibility of challenging, via judicial review, the decision made by the original decision maker or relevant tribunal.

  1. You must advise whether your client has standing, and which courts have jurisdiction.
  2. You must outline the grounds that may be open to challenge the administrative decision, indicating which you think are the strongest grounds.
  3. No reference is needed to the remedies that are available, but the likely time and fees of any action must be indicated.
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