Judicial review of Upper Tribunal decisions was available but limited to the second-tier appeals test; this position was reversed by the Judicial Review and Courts Act 2022.
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 R (Cart) v Upper Tribunal and how it applies to your situation.
Explain R (Cart) v Upper Tribunal