Overview. The Administrative Appeals Tribunal (AAT)
conducts independent merits review of administrative decisions made under Commonwealth laws
.
What does the Administrative Appeals Tribunal do?
The sole function of the Administrative Appeals Tribunal is
to make administrative decisions
. Each decision must relate to a prior decision – the decision under review. The Tribunal substitutes its own decision for the decision it is reviewing. It makes a new decision in place of the previous decision.
What decisions can the AAT review?
The AAT can review decisions
made under more than 400 Commonwealth Acts and legislative instruments
. The AAT is unable to review all decisions, only those where the law specifically states that we can.
Is the AAT independent?
An essential characteristic of the AAT is that
it is independent of the Executive branch of government
.
Does the Federal Court hears appeals from the Administrative Appeals Tribunal?
The Federal Court can hear and determine appeals or matters
from decisions of persons, authorities or tribunals other than Courts (section 19(2) of the Federal Court of Australia Act 1976 (Cth)). … Administrative Appeals Tribunal (AAT)
How are administrative tribunals different to court?
Administrative tribunals are
concerned with executive actions of government
. Civil tribunals are concerned with resolving private disputes. … Tribunals such as the New South Wales Consumer, Trader and Tenancy Tribunal are primarily concerned with resolving private disputes such as building and tenancy disputes.
What powers do tribunals have?
Tribunals have limited powers (depending on the jurisdiction of the case)
to impose fines and penalties or to award compensation and costs
.
What are the chances of winning AAT?
Interesting Facts about AAT!
According to a recent report from AAT, you have
51% chance of winning
and only 31% chance of losing on partner visa refusal.
How long does a Tribunal take to make a decision?
The First-tier Tribunal (Property Chamber) aim to send out the written decision and reasons for it
within 6 weeks of the hearing
(or paper determination if there was no hearing). In some circumstances the Tribunal will inform you of their decision at the end of the hearing itself.
What does it mean if an appeal is affirmed?
If the Court of Appeals affirms the trial court’s orders, it means that
it agrees with the trial court’s ruling and/or failed to see sufficient justification to say that the judge was wrong in his or her decision
.
What are the most common areas the AAT makes decisions on?
The most common types of decisions we review relate to:
child support
.
Commonwealth workers’ compensation
.
family assistance
, paid parental leave, social security and student assistance.
How long do AAT decisions take?
How long does it take for an immigration appeal be heard? After is decision is made by the Department, and you lodge an appeal at the AAT, the AAT will take
15 months
to set your matter down for a hearing, give or take 5 months.
Are tribunals legally binding?
Tribunals only may interpret law incidentally
in the course of their proceedings, and such interpretations are not binding on the parties as a declaration of rights and obligations. They also have no power to enforce their own decisions.
How do you challenge a Tribunal decision?
To apply for your matter to be heard by the Appeal Panel, you need to fill out a
Notice of Appeal form
. You will need to include the following information in your Notice of Appeal form: a copy of the orders made by NCAT and any written reasons of the Tribunal.
What happens if my appeal is denied?
If you are denied at the Appeals Council,
the last level of appeals is to file a civil lawsuit with the federal district court within 60 days
. The SSA will send you information with your denial. Keep in mind, there is a fee the file a civil suit, in addition to the fees you have to pay your representative, if any.
How do I appeal a Tribunal decision?
If either party is dissatisfied on a point of law with the decision of the Tribunal, it may appeal the decision to the High Court. Appeals must be made to the High Court within
21 days
of the date of the decision unless the Tribunal has directed a different time period within which to appeal.
