Case studies of tribunal influence on administrative law
🔹 What’s the Role of Tribunals in Administrative Law?
Tribunals are quasi-judicial bodies that conduct merits review of administrative decisions. Their decisions and reasoning have significantly shaped Australian administrative law, especially by:
Clarifying legal standards (like natural justice),
Developing principles of good administrative practice,
Influencing judicial review decisions,
Helping refine statutory interpretation.
The Administrative Appeals Tribunal (AAT) is the key federal tribunal, but there are others (e.g. Migration Review Tribunal, Social Security Appeals Tribunal, state tribunals).
🔹 Case Studies: Tribunal Influence on Administrative Law
Let’s explore more than five cases where tribunal decisions or their interaction with courts helped shape key principles.
1. Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634
Tribunal involved: AAT
Issue: Deportation of a permanent resident after criminal conviction.
Key Tribunal Influence:
The AAT reconsidered the case on the merits.
Applied ministerial policy but also considered individual circumstances.
Importance:
Confirmed that tribunals must aim to make the “correct or preferable” decision.
Set the foundation for how tribunals handle policy vs. independent judgment.
Courts later adopted some of these ideas when reviewing executive discretion.
2. Re Becker and Minister for Immigration and Ethnic Affairs (1977) 1 ALD 158
Tribunal involved: AAT
Issue: Visa cancellation and deportation.
Key Tribunal Influence:
The AAT stressed the need to give reasons for decisions — not just conclusions.
Explained that transparency and justification are vital to procedural fairness.
Importance:
Influenced expectations around reasoned decision-making, now a core administrative law principle.
This idea was taken up in judicial review, reinforcing that reasons can be required for fairness.
3. Re Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88
Tribunal involved: Australian Broadcasting Tribunal (ABT)
Issue: Whether media ownership breached the Broadcasting Act.
Key Tribunal Influence:
The ABT examined complex questions of fact, public interest, and statutory interpretation.
Importance:
Demonstrated the capacity of tribunals to develop nuanced interpretations of legislation.
Reinforced the idea that tribunals can shape administrative law through factual and policy-based analysis.
4. Re Brian Lawlor Automotive Pty Ltd and Collector of Customs (1978) 1 ALD 167
Tribunal involved: AAT
Issue: Tariff classification of imported goods.
Key Tribunal Influence:
The AAT engaged in detailed interpretation of regulations and evidence.
Took an independent view, differing from the original decision-maker.
Importance:
Strengthened the role of independent fact-finding in administrative law.
Courts later referred to AAT’s reasoning on statutory interpretation.
5. Shi v Migration Agents Registration Authority (2008) 235 CLR 286
Tribunal involved: AAT
Issue: Cancellation of registration of a migration agent.
Key Tribunal Influence:
The AAT reconsidered the matter and imposed a different sanction.
High Court held:
Confirmed that tribunals conducting merits review are not just checking legality — they can re-make the decision in full.
The tribunal can apply its own judgment on both fact and law.
Importance:
High Court clarified the full scope of tribunal review power, validating what tribunals were already doing.
6. Re Minister for Immigration; Ex parte Epeabaka (2001) 206 CLR 128
Tribunal involved: Refugee Review Tribunal (RRT)
Issue: Refugee status determination — procedural fairness and delay.
Key Tribunal Influence:
Tribunal’s delay and inconsistent reasoning became central to judicial review.
High Court Impact:
Emphasised that tribunal procedures must be fair and consistent, especially where human rights are at stake.
Importance:
Reinforced tribunals’ obligations under natural justice.
Tribunal conduct shaped broader standards of fairness in administrative law.
7. Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33
Tribunal involved: AAT
Issue: Whether a non-citizen convicted of a crime was of “good character”.
Key Tribunal Influence:
The AAT interpreted “good character” in a broad and human-centered way.
Importance:
Helped define open-textured statutory terms like “fit and proper person”.
Courts later cited this approach in similar cases.
🔹 Summary Table: Tribunal Impact on Administrative Law
| Case Name | Tribunal Involved | Key Contribution to Administrative Law |
|---|---|---|
| Drake (No 2) | AAT | Tribunals must apply policy but decide on merits |
| Re Becker | AAT | Need to give reasons for administrative decisions |
| Control Investments Case | ABT | Fact-intensive statutory interpretation |
| Lawlor Automotive | AAT | Independent assessment of fact and law |
| Shi v MARA | AAT | Tribunal powers include full re-determination |
| Ex parte Epeabaka | RRT | Fairness and consistency in tribunal procedures |
| Re Pochi | AAT | Interpretation of open terms like "good character" |
🔚 Conclusion
Tribunals have played a foundational role in shaping Australian administrative law by:
Developing key principles like procedural fairness, reasoned decision-making, and appropriate use of policy,
Creating a rich body of reasoning that courts respect and build upon,
Reinforcing the importance of merits review in protecting individual rights.
Even though tribunal decisions don't create binding precedent like court judgments, they influence both administrative practice and judicial decisions.
RELATED Blog
0 comments