Sentences with phrase «court for judicial review»

This gives members of RECO the option of applying to the court for a judicial review of any disciplinary decision, if all other remedies available have been pursued and if the applicant can prove a «denial of natural justice» through unfair treatment.
Section 190D (2) of the NTA gives native title applicants who fail the registration test (26) the right to apply to the Federal Court for judicial review of the Native Title registrar's decision not to register their application on the National Native Title Register.
The adjudicator agreed privilege didn't apply but the issue was escalated by BMO to the Federal Court for judicial review.
«We were still in the middle of our administrative proceeding — the unjust dismissal proceeding — this was just a preliminary issue of production and normally the principle is you don't get to interrupt an administrative proceeding and go up to court for judicial review in the middle of it,» says Kastner.
The applicant, a former nursing student at Humber College, applied to the Court for judicial review of the school's decision to suspend her from a clinical placement.
It is therefore not surprising that the school board applied to the Divisional Court for judicial review of the HRTO's decision, and in particular, the reinstatement order.
If we had not petitioned the court for a judicial review of the adjudicator's decision, our client would be stuck with a knowing that one of our key arguments had not even been taken into consideration
Ms. Taylor - Baptiste applied to the Ontario Divisional Court for judicial review of the Tribunal's decision.
But the university appealed to Divisional Court for a judicial review of the law society's decision.
To prevent the judicial system from taking a role in setting educational spending priorities and remedies that could badly tilt educational priorities, the Province and the School Board asked the British Columbia Supreme Court for a judicial review of the Tribunal's decision or alternatively, to quash the remedial orders made by the Tribunal.
Pratte (and independently Douglas» lawyer, Sheila Block) applied to Federal Court for judicial review of the panel's conduct.
The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts merger authorisation decision.
If that was to happen, the next best option available would be to apply to the high court for a judicial review, a process the government itself says can be «complex, expensive and time - consuming».
Following that response, it ended up in the high court for judicial review.
April 14 — Leyton Orient have followed Tottenham Hotspur by applying to the High Court for a judicial review to try and prevent West Ham United moving to the Olympic Stadium after next year's summer Games, club chairman Barry Hearn revealed today.
The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts merger authorisation decision.
In addition to these administrative mechanisms, a patient may turn to the courts for judicial review of either the substantive decision (i.e. the decision to cover (or not) a particular medical service) or the process used to make that decision.
In addition to the obvious stress and burden on the teacher, the legal and other expenses of the ATA for such a minor infraction are enormous and has placed demands upon Alberta's overburdened courts for judicial review and appeal.
He also appears before courts for judicial reviews and appeals.
The government wants to create a specialist planning court for judicial reviews on planning applications.
Rules of Procedure for Administrative Appeals: These rules govern the procedures in all circuit courts for judicial review of final orders or decisions from an agency in contested cases that are governed by the Administrative Procedures Act, W. Va..

Not exact matches

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.
We also oppose provisions of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow for the indefinite detention of individuals who can not be deported to their home countries; that expedite removal proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day in court; and that diminish the checks and balances of judicial review over immigration decisions.
But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for freewheeling judicial activism and thereby turned judicial review into a legislative power.
«I inadvertently suggested to you that clause 64 contains a provision for the court to grant permission to proceed with a judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so.
Consequently the court was forced to conclude that the petition for judicial review was premature and rejected it.
The NASUWT has today received formal notification from the High Court of the hearing date for its application for judicial review of the Coalition Government's decision to change the index - linking of public service workers» pensions, including teachers» pensions, from the Retail Price Index (RPI) to Consumer Price Index (CPI).
Plans for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice Sales in the High Court dismissed a judicial review of Richmond - upon - Thames council's decision to approve them.
That judicial review will be more difficult in future, because Grayling has acted to make it next to impossible for the individual to challenge the state in court.
A high court judge said they had «an arguable case for seeking the relief claimed by way of judicial review».
The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.
Grayling claimed that courts would still be able to grant permission for judicial review cases under the new so - called «highly likely» restrictions if there were «exceptional circumstances».
In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rights.
Since the case is going to the Appeal court for further judicial review, it is now time to allow the judges to perform their constitutional roles before we further engage in distractive media trial over a simple legal matter.
[54] Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010.
[53] The High Court rejected his request for a judicial review.
Part of the reason support for Ling - Cohan was so fervent is because the vaunted panel review process was so flawed and anonymous attacks on her in the press were so vicious, starting in the New York Post but repeated uncritically by other outlets, requoting the Post «source» — allegedly from the panel but possibly a self - interested operative for another judicial candidate — who called her «slow» and «lazy,» when even a cursory check of court records shows her output to be above average.
But when his appeal was unsuccessful, he did what none of his colleagues had ever done before: he filed an application for judicial review before the Federal Court of Canada.
A year later members of the U.S. House of Representatives introduced a bill that would strip federal protections from wolves in the Great Lakes region and Wyoming with language preventing any further judicial review — overruling two court decisions finding that the Fish and Wildlife Service had wrongly removed Endangered Species Act protections for the wolf.
From the outset of any claim for Judicial Review, the Court will need to be convinced that there are legitimate grounds to allow the claim to proceed.
Upon application for Judicial Review, the High Court found that Ofsted's complaints process was defective because it did not permit a substantive challenge to the most serious criticisms, namely, when a school was found to have serious weaknesses or requiring special measures.
Margaret Tulloch of Comprehensive Future, a group which campaigns for equality of opportunity in education, confirmed they were taking advice on the feasibility of a judicial review of the decision in the High Court.
The alliance is hoping for an early decision from the court on whether to allow a judicial review of the case which they hope could take place before the new year.
If a FOIA request is denied by the FOIA coordinator, the FOIA coordinator must send a written notice containing the reasons for denial and explain the right to submit a written appeal to the Webberville Community Schools Board or seek judicial review in court.
New Funding Pressures Next month the state Supreme Judicial Court will review the findings of a Superior Court judge who ruled in May that state funding for education is inadequate in poor districts despite the billions of dollar spent since 1993 on bringing struggling school districts up to a reasonable foundation budget.
Last week, Comprehensive Future, which campaigns for equality of opportunity in education, said the group was taking advice on the feasibility of a judicial review of the Weald of Kent decision in the High Court.
The Department for Education (DfE) has said it disagrees with «some aspects» of the court's decision last month to rule against education secretary Nicky Morgan in a judicial review brought by six parents, but has not said which.
(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.
A licensee aggrieved by an order of the administrator under this section may obtain judicial review of the order and the administrator may obtain an order of the court for enforcement of its order in the circuit court.
His expertise also covers specialisms in Creative Arts & Cultural Industries, Human Rights, Judicial Review, Complex Commercial Litigation, Intellectual Property law, Privy Council cases - Ultimate Appeal Court for parts of the Commonwealth, as well as, Regulatory Cases & Inquiries.
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