The principle that if some of the reasons relied on by a Tribunal for its

The principle that if some of the reasons relied on

This preview shows page 19 - 22 out of 22 pages.

The principle that if some of the reasons relied on by a Tribunal for its conclusion turn out to be extraneous or otherwise unsustainable, its decision would be vitiated, applies to cases in which the conclusion is arrived at not on assessment of objective facts or evidence, but on subjective satisfaction. The reason is that whereas in cases where the decision is based on subjective satisfaction if some of the reasons turn out to be irrelevant or
Image of page 19

Subscribe to view the full document.

38 [2007] 1 CLJ A B C D E F G H I Current Law Journal invalid, it would be impossible for a superior Court to find out which of the reasons, relevant or irrelevant, valid or invalid, had brought about such satisfaction. But in a case where the conclusion is based on objective facts and evidence, such a difficulty would not arise. If it is found that there was legal evidence before the Tribunal, even if some of it was irrelevant, a superior Court would not interfere if the finding can be sustained on the rest of the evidence. The reason is that in a writ petition for certiorari the superior Court does not sit in appeal, but exercises only supervisory jurisdiction, and therefore, does not enter into the question of sufficiency of evidence. [27] Very recently, in Suisse Security Bank & Trust Limited v. Julian Francis (in the capacity of Governor of the Central Bank of the Bahamas) [2006] UKPC 11 (judgment delivered on 13 March 2006), Lord Mance delivering the advice of the board approved the following passage in the judgment of May LJ in Reg. v Broadcasting Complaints Commission, Ex p. Owen [1985] 1 QB 1153, at p.1177A-B,: Where the reasons given by a statutory body for taking or not taking a particular course of action are not mixed and can clearly be disentangled, but where the court is quite satisfied that even though one reason may be bad in law, nevertheless the statutory body would have reached precisely the same decision on the other valid reasons, then this court will not interfere by way of judicial review. In such a case, looked at realistically and with justice, such a decision of such a body ought not to be disturbed. [28] Lord Mance then went on to say as follows: Their Lordships consider that the present situation is a fortiori. First, the Governor had already to be of the relevant opinion on the basis of the two notified considerations as at 5th March 2001, in order to issue the notice he then did. There is no reason to question his statement in the notice that he was of that opinion, and it is supported by paragraph 39 of his affidavit. The additional considerations which had come to light by 2nd April 2001 can only have confirmed his opinion, but that does not mean that they were critical to it. [29] In the present instance it is crystal clear that the reason advanced on grounds of national security was not the predominant reason for the Minister’s decision. It stands as a separate and distinct ground for refusing registration at the national level. It is not entangled and mixed up with the other reason. It did not therefore materially affect the decision based on grounds of
Image of page 20
39 [2007] 1 CLJ A B C D E F G H I Dr Mohd Nasir Hashim v. Menteri Dalam Negeri Malaysia departmental policy. Accordingly, this is a case in which the
Image of page 21

Subscribe to view the full document.

Image of page 22
  • Fall '18

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes