Administrative Appeals Tribunal

Merits review considers the facts and law as they are at the time of review. Another advantage of merits review is that the Court is not bound by strict rules of evidence, and proceedings are often faster, cheaper, and easier for those that self-represent. The CAA is Commonwealth legislation, so merits review is conducted at the Administrative Appeals Tribunal (AAT). Merits review allows for a decision to be determined on its merits of fact and law. Merits review can vary, affirm, or set aside a decision, which is favourable to Clipton because he needs to have his licence renewed to continue his business. The AAT Act outlines that the merits of the case determine whether a decision was correct and preferable. The Tribunal can review certain decisions that fall within its jurisdiction. S 33 determines that the procedure for merits review must be completed in accordance with the relevant legislation. Clipton can apply to the AAT Act for review of a reviewable decision 31(2). A reviewable decision included in is “a refusal to grant…a certificate” . The CAA states that a “decision” that it makes has the same meaning as in the AAT Act 1975. The decision in this case falls within this definition and is therefore…

The Administrative Appeals Tribunal does not have to take the opinion to be correct as in regulation 2.25A, and is not bound by the opinion. Furthermore, if a decision is based upon mistaken facts it may be set aside as has been established in the case of House v R [1936] HCA 40; (1936) 55 CLR 499 (17 August 1936). Moreover the implications are that when the presiding Tribunal for merits review cases, currently the Administrative Appeals Tribunal (Migration and Refugee Division), is…

on whether the legislature had intended the administrator (or administrative body) to have ‘exclusive powers regarding the interpretation of the statutory provision’ in question . Corbett CJ held that this was a matter of how the statute that conferred the power was constructed . Corbett CJ suggested guidelines for how to approach this: (a) where the powers or functions in question are of a purely judicial nature, a court will be reluctant to conclude that the tribunal is intended to have…

formal equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials responsible for abuse of power, for example in SCC case Roncarelli v. Duplessis. However with the recent rise of Administrative tribunals, this role has been increasingly…

Per s 14C of the Supreme Court Act 1986 (Vic), to grant leave to appeal, the court must be satisfied that there is a ‘real prospect of success’ for the appeal. As outlined in Kennedy v Shire of Campaspe [2015] VSCA 47, a ‘real prospect of success’ is one that is real and not ‘fanciful’. The question is not the merits of the case, but whether there is no chance the appeal might be successful. Based on the significant case law surrounding the issues in question as well as the potential…

infringement of freedom of religion is justified. Similarly the Multani decision also provides insight to the proper relationship between administrative decisions and the protection of fundamental rights and freedoms in Canada. Given the Charter the charter has existed for over two decades, both courts and administrative tribunals have not yet clearly defined the exact boundaries between numerous rights and freedoms contained therein. Looking at individual’s rights and freedoms, these can be…

and the U.S. Courts of Appeals. At least one District Court is located in each state; they are the first instance in the federal system (Chemerinsky, 2011). In the District courts, judges sit alone to hear cases. In addition to this type of judge, there is a bankruptcy judge and magistrate judges all falling under the district courts. On the next level are the circuit courts of appeals. These are 12 in the country with a panel of judges that hears the appeals from different districts. At the top…

HUMAN RIGHTS TRIBUNAL TRIBUNAL ASSIGNMENT LAWS 228 Section 002 Kuangli Zou 300783156 The tribunal I visited is Human Rights Tribunal of Ontario, which is located at 655 Bay Street, 14th Floor. It is one of the seven tribunals, which form the Social Justice Tribunals Ontario (SJTO, 2015); and the other six tribunals are Child and Family Services Review Board, Criminal Injuries Compensation Board, Landlord and Tenant Board, etc. The case I heard is about sexual…

PRESENTATION SELF-REFLECTION 1. Your Name: Carly Stansfield 2. Adjudicative Tribunal researched: Social Benefits Tribunal. 3. What did you contribute to this group assignment? My contribution to the group assignment was creating a slide that gave a brief description of the Social Benefits Tribunal. I researched the information on the Social Benefits Tribunal’s website and by reviewing the enabling legislation. I also provided the information for types of matters the tribunal deals with. I was…

bankruptcy law to Holyrood. The administrative workings of the Scottish legal systems are far removed from that from the rest of the UK. This includes the structures of the courts, court procedures and the funding of legal aid. (Scottish Parliament Information Centre, 2014). In Scotland, there are 3 main types of civil courts, namely, the Sheriff Courts, Court of Session and since 2009 the UK Supreme Court. By far the most important and most widely used court in Scotland is the Sheriff Court.…