Case Provides Guidance About When Tribunal Has Gotten Off Track!
How can you tell whether the Tribunal’s decision-making process has “gone off the rails” and that your client may have strong prospects for success with a judicial review application?
And under what circumstances can it be said that the Tribunal has a responsibility to make an inquiry and to consider information held in the Department’s files, so that when it fails to make such an inquiry, it can be said that the Tribunal has failed to meet its statutory obligation to conduct a review?
These very important questions were explored in a decision that was handed down on 15 July 2016 by Justice Neville of the Federal Circuit Court, and which appeared this morning on Austlii: Al Mamun v Minister for Immigration & Anor (2016) FCCA 1777.
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