Standards of Appellate Review in Public Law Australia

Recently the High Court of Australia decided Minister for Immigration & Border Protection v SZVFW (2018) 92 ALJR 713; [2018] HCA 30 in which it addressed the scope and application of appellate standards of review in Australia. The decision provided guidance on the approach an appellate court must take when applying the correctness standard of review to a decision of a court below and it provided guidance on the treatment of evaluative decisions, that are not discretionary decisions. The approach in Australia on both of these issues contrasts somewhat to other jurisdictions such as the United Kingdom and Canada which have developed differing jurisprudence on standards of appellate review.