LLB358 - Australian Administration Law - Law Assignment Help

Assignment Task

Question
Beazeley University (on behalf of the Centre) seeks your advice on the viability of an application for judicial review of the Attorney-General’s decision to refuse importation permission of the drugs MLA and MLA-plus. You should consider the Attorney-General and her conduct in relation to relevant and irrelevant considerations. You should also discuss whether there are any delegation issues in the scenario. Do not discuss self-fettering. Please take note of the following:
• As noted above, the scenario and the Act are completely fictitious.
• There may be some similar legislation in existence to the Act referred to in the scenario. Ignore it. Any references to any similar (real) legislation will not provide any advantage or receive any marks.
• Assume that:

o the matter is justiciable;
o the court’s jurisdiction is not in question; and
o Beazeley has standing.

• Do not discuss merits review. Assume that merits review of a decision under s. 4A(2) by either the AAT or internally is NOT available under the Act.
• Only address the following grounds of judicial review:
o failure to consider relevant matters
o considering irrelevant matters; and
o delegation/agency.
• The above grounds of review are contained in the ADJR Act, as well as being available at common law.
• Discussion of matters outside of the question or the application of legal principles that are not relevant to this exercise will not earn you extra marks and may even impact negatively on the marker’s assessment of your paper.

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