The story is a shocking account of a miscarriage of justice, as the community turns on kids who simply look a bit funny and the police and
judicial authorities refuse to admit that they may have made some serious mistakes.
Not exact matches
The parent has applied for a
judicial review of the case, after
authorities refused to issue a birth certificate with a gender designation.
Moreover, the Court makes clear that the
judicial authority has the possibility not only to
refuse to extend the detention period, but also to substitute detention with a less coercive measure or to order the release of the irregular migrants.
Again, Anisminic is sometimes taken as
authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the law, with the corollary that judges should not have any discretion to
refuse judicial review remedies.
I fully agree with you, however CIPPIC has run across this issue in the past, where a Court
refused to alter the text of a past judgement to anonymize it because it felt it no longer had
judicial authority over it.
In cases where an application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or
refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for
Judicial Review can be made to reverse the decision of the immigration
authorities.
While there must obviously be sanctions (including potential imprisonment) for
refusing to testify, they should only be imposed on compellable witnesses who willfully defy
judicial authority, and only in accordance with the ordinary rules of criminal procedure and evidence.
The ME Association recently obtained
judicial review of a health
authority's decision to refer parents of an ME sufferer to social services for neglect, when they
refused purely psychological treatment for their daughter (see www.meassociation.org.uk).