red herring

In Australian Conservation Foundation v Forestry Commission and Others (1988) 19 FCR 127 at 135, Burchett J summarised one of the fundamental principles of judicial review of administrative decisions as follows:

It is true that a decision-maker may not take account of an irrelevant consideration; but I think he may pick up a red herring, turn it over to examine it, and then put it down, so long as he does not allow it to affect his decision.”

Succinct and to the point – I like it.

Creative commons acknowledgment for the photograph.

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