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Examples of jurisdictional errors include asking a wrong question, ignoring relevant material, relying on irrelevant material, and breaching natural justice. [3]
(a) the constitutionalisation of review for jurisdictional error; [Note 2] [Note 3] (b) the nature of jurisdictional error; [Note 4] (c) the consequences of jurisdictional error; [Note 5] and (d) the differences in this area of law between administrative bodies and courts. [Note 6]
The distinction between jurisdictional and non-jurisdictional errors of law and the effectiveness of ouster clauses against non-jurisdictional errors of law is exemplified by the cases of Re Application by Yee Yut Ee (1978), [34] and Stansfield Business International Pte. Ltd. v. Minister for Manpower (1999).
The appeal concerned four appeal proceedings in which refugee visas had been denied by the Refugee Review Tribunal. Each appeal reached the High Court via the appeal process written in Part 8 of the Migration Act.
In a key passage, the judgement redefined the meaning of 'jurisdictional' in administrative law: A question which "goes to jurisdiction" is simply descriptive of a provision for which the proper standard of review is correctness, based upon the outcome of the pragmatic and functional analysis.
In 2001, a fatal accident occurred on a rural property owned by Graeme Kirk, involving an employee who was operating a Polaris ATV.The WorkCover Authority of New South Wales investigated the incident and charged Kirk and his company, Kirk Group Holdings Pty Ltd, with breaches of occupational health and safety legislation.
A judge told the parents of 27-year-old Ellen Greenberg, a Philadelphia teacher found dead with 20 stab wounds in 2011, that the city's declaration of suicide was "puzzling."
The starting point for analysing ouster clauses and their effects is the landmark decision Anisminic Ltd. v. Foreign Compensation Commission (1968). [8] In that case, the House of Lords is regarded as having abolished the distinction between jurisdictional and non-jurisdictional errors of law when it was considering the effect of an ouster clause.