The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA), and fell under the administration of the Tribunals Service.
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, often by a public body. A person who feels that an exercise of power is unlawful may apply to the Administrative Court for a court to decide whether a decision followed the law. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.
Plaintiff S157/2002 v Commonwealth, also known as 'S157', is a decision of the High Court of Australia.
Errors as to precedent facts, sometimes called jurisdictional facts, in Singapore administrative law are errors committed by public authorities concerning facts that must objectively exist or not exist before the authorities have the power to take actions or make decisions under legislation. If an error concerning a precedent fact is made, the statutory power has not been exercised lawfully and may be quashed by the High Court if judicial review is applied for by an aggrieved person. The willingness of the Court to review such errors of fact is an exception to the general rule that the Court only reviews errors of law.
Administrative law in Singapore is a branch of public law that is concerned with the control of governmental powers as exercised through its various administrative agencies. Administrative law requires administrators – ministers, civil servants and public authorities – to act fairly, reasonably and in accordance with the law. Singapore administrative law is largely based on English administrative law, which the nation inherited at independence in 1965.
Illegality is one of the three broad headings of judicial review of administrative action in Singapore, the others being irrationality and procedural impropriety. To avoid acting illegally, an administrative body or public authority must correctly understand the law regulating its power to act and to make decisions, and give effect to it.
Re Fong Thin Choo is an administrative law case decided in 1991 by the High Court of Singapore concerning the legality of a demand by the Director-General of Customs and Excise ("DG") that the applicant's company pay S$130,241.30 in customs duty as it had not exported certain goods. The case was presided over by Justice Chan Sek Keong. The Court decided that the DG had failed to take into account relevant evidence adduced by the applicant's company which could have been capable of rebutting the prima facie evidence of non-export, and had thus made an insufficient inquiry before arriving at his decision. Since the DG's demand had been based on an incorrect basis of fact and thus had been made contrary to law, the Court granted the applicant an order of prohibition that barred the DG from deducting the sum from certain bankers' guarantees that the applicant's company had lodged with Customs as security.
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictional errors of law, but are effective against non-jurisdictional errors of law.
The failure of a public authority to take into account relevant considerations and the taking of irrelevant ones into account are grounds of judicial review in Singapore administrative law. They are regarded as forms of illegality.
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.
Minister for Immigration and Citizenship v SZMDS, is a landmark Australian judgment of the High Court. The matter related to immigration law, jurisdictional error and illogicality as a ground of judicial review.
Jurisdictional error is a concept in administrative law, particularly in the UK and Australia. Jurisdiction is the "authority to decide", and a jurisdictional error occurs when the extent of that authority is misconceived. Decisions affected by jurisdictional error can be quashed by judicial review. Examples of jurisdictional errors include asking a wrong question, ignoring relevant material, relying on irrelevant material, and breaching natural justice.
The New South Wales Civil and Administrative Tribunal (NCAT) is an administrative law tribunal in New South Wales established by statute on 1 January 2014.
House v The King is a decision of the High Court of Australia.
MIEA v Wu Shan Liang is a decision of the High Court of Australia.
Minister for Aboriginal Affairs v Peko-Wallsend Ltd also known as 'Peko', is a decision of the High Court of Australia.
Australian Broadcasting Tribunal v Bond, also known as 'Bond', is a decision of the High Court of Australia.
Craig v South Australia is a decision of the High Court of Australia.
