- Dec 3, 2010
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Yeah it really has to be on grounds of not having a fair trial or some administrative error iirc.It’s been so long since I studied Judicial Review in English law but I recall it really is very limited in how much scope judges can strike down the exercise of power. It is only available on certain grounds. Novak’s lawyers are arguing on the minister reached his decision “irrationally” .
Nearly everything to do with visa and immigration law in Ireland (and therefore presumably the UK and Aus by extension) gives the minister wide discretionary powers so I'd be amazed if he gets to stay on an appeal.