Where are AAT decisions published?
AAT decisions with written reasons are published on the AustLII website and may also be available from other legal publishers.
How long does it take for AAT decision after hearing?
Decision in writing If we do not tell you our decision at the hearing, we will usually send a notice of the decision and the written reasons within 2 months of the hearing.
How does the AAT decide what decisions to publish and which not to publish?
A random selection process is applied to determine which decisions will be published in the categories of cases where not all decisions are published and targets have been set for the proportion of decisions to be published: they are generally at least 25 per cent from 1 March 2018.
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.
What happens if you fail AAT?
If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you. You must then pay the legal costs for the Minister. If your case has merits and the Court accepts it, your final hearing date can be scheduled after many months.
What happens after tribunal decision?
If the tribunal give you their decision later on in writing, there may be an organisation which can help you to understand it. If you’ve won, the tribunal might take a break to allow you and your employer to try to agree a settlement. It can be good for both sides to agree a settlement, even at this stage.
What does decision set aside mean?
If we set aside a decision, it means we agree or partially agree the original decision was wrong. We might replace it with a new decision or we might remit the decision which means we send the matter back to the department to make a new decision in accordance with our instructions or recommendations.
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. For the person appealing the trial judge’s decision, this basically means that you lost once again.
What decisions can the AAT review?
We most commonly review decisions relating to: child support. commonwealth workers’ compensation. family assistance, paid parental leave, social security and student assistance.
Are AAT decisions binding?
While the Tribunal’s interpretations of legislation are not binding on decision-makers in the same way that court decisions must be followed, the Tribunal’s decisions are persuasive. In general, the court hearing the application has no power to consider the merits of the decision.
Can you appeal AAT decision?
If a party believes an AAT decision is wrong, they can appeal the decision to a higher court. Parties may appeal to either the Federal Court or the Federal Circuit court depending on the type of decision being appealed. An appeal to a higher court can only be about a question of law.
What was the purpose of the Refugee Review Tribunal?
The Refugee Review Tribunal was a statutory body which provided a final, independent, merits review of decisions made by the Minister for Immigration and Citizenship or, in practice, by officers of the Department of Immigration and Citizenship (DIAC), acting as delegates of the Minister,…
What did the migration and Refugee Review Act 2015 do?
The Tribunals Amalgamation Act 2015 made a very significant change to the structure of the review of refugee decisions, by amalgamating the Refugee Review Tribunal and Migration Review Tribunals into the Administrative Appeals Tribunal.
What are the decisions of the Immigration and Protection Tribunal?
These include decisions of bodies the Immigration & Protection Tribunal replaced – the Residence Review Board (RRB), Removal Review Authority (RRA) and Refugee Status Appeals Authority (RSAA).
What does the Migration Review Tribunal ( MRT ) do?
The Migration Review Tribunal (MRT) has jurisdiction under the Migration Act 1958(Cth) to provide final, independent merits review of decisions made by the Minister for Immigration and Citizenship or his or her delegates in the Department of Immigration and Citizenship to refuse to grant a wide range of migration visas or to cancel migration visas.