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Tuesday, 28 June 1994
Page: 2130


Senator BOLKUS (Minister for Immigration and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs) (8.11 p.m.) —No. The position is, as I said in my answer, that there is judicial review in respect of matters of law but the review is not a review on the merits. There is, of course, review with respect to breach of the rules of natural justice—that would be allowable; failure to comply with required procedures; review of no jurisdiction on make decisions; a review of whether a decision has been authorised or not by the enactment; a review as to improper exercise of power; a review as to the decision involving an error of law; a review as to whether a decision was induced or effected by fraud; and a review as to whether there was evidence or other material to justify the making of a decision or that the decision was contrary to law. The Federal Court looks at the legality, not the merits of the decision made by the panel.