Administrative decisions are judgements offered by any federal department in Australia. It can be related to any government matter, including immigration, education, etc. The Australian legal system offers a chance to appeal against the concerned department’s decision. However, you will need compelling evidence, targeted facts, and appropriate representation in the hearing.
Therefore, hiring the most proficient Civil Lawyers in Perth from a well-known legal agency is best. Their legal assistance will provide help and representation if you appeal a case to the related tribunal. Check out the crucial points associated with appealing for an administrative decision.
Businesses or individuals can appeal and challenge the federal agency or department-made decisions through the Administrative Review Tribunal (ART). It is an independent body that reviews and decides on a wide range of administrative decisions, including different areas of migration, taxation, and social services. It was called the Administrative Appeals Tribunal earlier.
Submitting an appeal to the ART is specific, requires relevant supporting documents, and has a time limit. The tribunal will consider the appeal for hearing if the petitioner follows these conditions. Therefore, individuals have and must be represented by an advocate, especially experienced civil lawyers Perth. They will provide guidance and help throughout the appeal process. The different aspects of applying to the ART are explained below:
The administrative decision appeal may have two fundamentals – firstly, the establishment of errors in law or important facts in the verdict or for a decision made in exercising discretion. If the judge wrongly interpreted or applied the law, the tribunal will accept an error in law appeal. Decisions made in the exercise of discretion will need to be proven illogical, irrational, and built on unrelated factors to appeal them to the tribunal.
The appeal hearing may be conducted in person or via electronic means (for example, by video conferencing) to accommodate the involved parties. The judge will decide within a given timeline, and the judgment notification process will follow accordingly. Understanding your rights and the appeal process will ensure a quick, fair, and just resolution.
Appeal filing has specific timelines and must be followed to the letter. Your appeal may face disastrous results if you miss these dates and get critically obstructed. For example, the appeal must be made within 30-60 days after a decision.
The appeal can be dismissed if the plaintiff misses them and restricts them from seeking further resolution. Deadlines are also present for submitting written briefs and documents supporting an appeal and at the appeal hearing.
The applicant must keep up with their timeline to ensure that the tribunal properly considers their appeal and they have the best chance of presenting their case. It is best to get professional help, as missing these timelines can ensure the applicant gets justice.
The applicant can ask for an internal or external review of their case in the ART; however, it will be best to involve the most well-known Administrative Law Lawyers Perth to understand the main difference and appeal accordingly.
The same agency or department that had made the disputed decision conducts the internal review. In contrast, in an external review, independent bodies like the Federal Court or the ART will evaluate the verdict.
Getting an external review by the ART or Federal Court is important – as these bodies are legally permitted to review administrative decisions critically. It is their jurisdiction and power to overturn decisions made by the agency or department, and they also have the authority to amend them or send them back for reconsideration.
The citizens can get an opportunity to contest administrative actions affecting their interests and ensure an impartial and fair process.
Now that you know the ways to appeal, it is imperative to determine how to go about the process. Choosing to consult and hire high-grade lawyers to appeal administrative decisions will be essential, as they will collect evidence, present it clearly and logically at the hearing, and discuss each ground of appeal with the related supporting documentation.
They will be extremely fluent about their evidence, highlight how they refute the original decision, and support your case. Getting represented by the best lawyer and presenting a case with strong evidence can improve your chance of winning.