Judicial review

Privative clause

Judicial review of Tribunal decisions and orders is limited by a privative clause to certain types of error (see section 21 of the Act).

Grounds for review

Applications to the Court for judicial review of Tribunal decisions and orders may be made on the grounds that the Tribunal:

1. acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
2. failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; or
3. acted, or failed to act, by reason of fraud or perjured evidence.

Applications for judicial review

Applications for judicial review of a Tribunal decision or order must be made to the Federal Court of Appeal in accordance with the Federal Courts Act and the Federal Court Rules.