Courts review federal agency action under the arbitrary-and-capricious standard, requiring consideration of relevant factors and absence of clear error of judgment, while remaining narrow in scope.
public-law
The Maritime Powers Act 2013 authorised detention and return of asylum seekers at sea; executive power extends to removal of non-citizens from Australian waters.
A reasonable apprehension of bias arises where a council officer who lodged a complaint against a dog owner also participated in the decision to order destruction of the dog.
Ministerial power to detain and remove non-citizens under the Migration Act must be exercised in accordance with the Act; adverse ASIO security assessments do not compel indefinite detention.
Get a detailed analysis of Citizens to Preserve Overton Park v Volpe and how it applies to your situation.
Explain Citizens to Preserve Overton P...