The current law allows judges' discretion in crafting a remedy. If they feel the initial decision to add somebody to the list was not supported, the judge, under the law as currently drafted, can still order that the person remain on the list based on new information that's presented before the court. This is different from a judicial review. That's why this section is called an appeal under a judicial review. If the initial decision is unreasonable, it has to be sent back to the original decision-maker.
In this context, given that we're talking about national security threats and the need to maintain people on the list if there's current information that they pose a threat that would make a decision today reasonable, it's arguably appropriate to allow judges to have that discretion.