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Incompetent representation and judicial review

Incompetent representation and judicial review

Incompetent representation as a breach of procedural fairness is a rare argument but recent cases in immigration law provide a useful framework

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Ian R. Mackenzie
Sep 13, 2024
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An Adjudicator’s Toolkit
Incompetent representation and judicial review
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The first full week of September always feels busy, all of a sudden. Which is why this sign in my neighbourhood resonated, I guess.

Incompetent representation as a ground of judicial review

The argument that incompetent representation has led to procedural unfairness is not often raised in judicial review applications. I have often wondered why it is not…

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