Judicial Review

What happens at a judicial review?

If judicial review is an option, the court cannot “second guess” the tribunal and make its own decision. The court can only review the process the tribunal used to reach its decision and any mistakes the tribunal made when applying the law or deciding that it had the authority (jurisdiction) to hear the case.

The court may also set aside a tribunal’s decision if it is clear that the tribunal breached its duty to be fair.

In general, the courts are reluctant to reverse a tribunal’s decision where the tribunal adjudicators had highly specialized expertise or knowledge that the court does not have, as long as the tribunal has acted appropriately and considered the relevant evidence.