Reevaluating the "eye keenly attuned to error" principle in administrative law

This article critically examines the long-standing "eye keenly attuned to error" principle in Australian administrative law.1 Cited with approval from the pivotal Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs2 (WAEE) case and reaffirmed in subsequent jurisprudence,3 this principle has played a significant role in shaping administrative law practices. However, this article contends that this principle is no longer suited to the evolving administrative law landscape in Australia. Through an analysis of historical context, the evolution of Australian administrative law,4 practical realities, the objectives of administrative bodies and courts and the human consequences of decision-making, it argues that the time has come to reconsider the continued application of this principle.