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Barrow v. Mikell

The appellant filed a timely petition for judicial review of the denial of his application for a new driver's license after his license was canceled.

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The Department of Driver Services issued a driver’s license to Abdou Barrow, a Gambian national. In April 2010, the Department canceled that license, finding that Barrow was not lawfully present in the United States and was not, therefore, eligible to have a driver’s license. More than three-and-a-half years later, Barrow applied for a new license, claiming that his immigration status had changed since the cancellation of his earlier license. The Department, however, denied his application. Barrow then filed a petition in the Superior Court of Fulton County, seeking judicial review of the denial of his application for a new license. The trial court dismissed his petition as untimely, and in Barrow v. Mikell, 331 Ga. App. 547 771 SE2d 211 2015, the Court of Appeals affirmed. We issued a writ of certiorari to review the decision of the Court of Appeals, and we now reverse.

Our statutory law permits judicial review of any decision rendered by the Department, so long as the petition for review is filed within thirty days of the decision:

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