LAWS1160-Problem-Question-Frameworks

Description

LAWS1160 Problem Question Frameworks What arguments would X make in support of an appeal to the AAT? What arguments would the Minister make in response? How do you think the AAT is likely to decide the case? 3 What evidence will X bring to support his case? What documents might X wish to obtain regarding the Minister’s decision? How will he seek to obtain them and will he be successful? 4 What is the best first court of action for X to take if he wishes to challenge the Minister’s decision? Why? (Reasons) 7 Would (insert parties) be granted standing to appear in this challenge? 9 Suppose you are the judge before whom this matter is heard. What kind of evidence would you require in order to satisfy yourself that the jurisdictional fact has been established? Which party will be successful before you and why? 12 Will X’s good behaviour in the period between (when the adverse decision was made) and the AAT hearing have any bearing on the AAT’s consideration of his appeal? 13 Advise X on which court(s) would have jurisdiction to hear a challenge to the AG’s decision, and whether the requirements for them to asset jurisdiction are met 14 To which body should X take this matter for review? If there is more than one avenue that could be followed, which is preferable and why? 18 Advise X on which grounds he might rely on to seek judicial review of the Minister’s decisions, and his prospects of success/ What arguments would X make in support of each ground and are they likely to succeed? 19 No-hearing rule 19 Bias 21 No-evidence rule 22 Non-compliance with statutory requests 24 Application of policy 25 Ministerial directions 26 Improper/unauthorised purpose 26 Irrelevant considerations 27 Ignoring relevant considerations 29 Wednesbury Unreasonableness 31 Delegated legislation 33 Process of Merits Review 37 Jurisdictional error 39 Advice X on what remedy or remedies he should seek and why? Is he likely to obtain the remedies he seeks? Why or why not? 42 Mandamus: 42 Prohibition 44 Certiorari 45 Injunction 46 Declaration 48 ADJR Order of Review 49 Is he likely to obtain the remedies he seeks? 50