JUDICIAL REVIEW
If your application is unsuccessful before the Administrative Appeals Tribunal but the Tribunal made an error of law in their decision, you may have a right of review to the Federal Circuit Court of Australia. Errors of law which usually give rise to a right to judicial review include:
- Where there has been a breach of procedural fairness (this can include significant errors in interpretation, or denial of the opportunity to present your case);
- Where the Tribunal has been biased, or there has been apprehension of bias, against you;
- Where there has been a breach of the Tribunal’s procedures or legislative requirements so that you did not have a genuine hearing;
- Where the decision is so unreasonable that a reasonable person would not consider it to have been made, or where a decision is made where there is no evidence to support it; or
- Where another party has committed a fraudulent act which prevented the Tribunal from hearing your case fairly (if you were advised by someone not to go to your hearing because it would uncover something unlawful they had done) – this is rare.
Time frames for judicial review are very tight, so it is important that you get good advice early about your rights and what the possible outcome of judicial review would be.