In Minister for Immigration and Border Protection v Stretton (2016) 237 FCR

| October 14, 2019

1, Griffiths J observed that: ‘Within the bounds of legal unreasonableness, there “is an area within which a decision-maker has a genuinely free discretion”… It is critical that, in exercising a judicial review function, the courts not exceed “their supervisory role by undertaking a review of the merits of an exercise of discretionary power”… Application of a standard of legal unreasonableness “does not involve substituting a court’s view as to how a discretion should be exercised for that of a decision-maker”.’ (citations omitted) In that context, to what extent should judges engaged in judicial review defer to administrative decision-makers? (aglc4 referencing)

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