Thank you thegoanna – an interesting but complex article! So...

Thank you thegoanna – an interesting but complex article!

So assuming that Yeo issues proper orders to change Lynas’s licensing conditions and that Lynas’s appeal is then rejected by Yeo, the question is – “Can Lynas apply for a judicial review?”

Out of the three grounds for a judicial review that of “unreasonableness or irrationality” would seem to be the best fit.

However, the article mentions that a minister may avoid a judicial review via an ouster clause (This is where UK and Malaysian law diverge) but it may be that any ouster clauses only apply to very specific areas of the law in this case or it may be that Yeo’s decision is unconstitutional thus illegal – i.e. If the Minister is not empowered or authorized to make such decisions by herself or contractually. Clearly the lawyers have to unravel this. (If it gets to this stage)

Chairman Teet seems to think (Advised by Yeo?) that a judicial review would happen – but I’m not sure his opinion or report in his Tweet on cabinet deliberations can be relied upon. But you never know – perhaps he has given the game away!

Anyway, I’m not a Malaysian lawyer so my above comments need to be considered with some skepticism – any comments by other board members with appropriate legal knowledge would be great! (Or indeed any of your interpretations on the article that thegoanna has posted)

Saint