Appealing an Immigration AAT decision.
It can be an expensive move to appeal an AAT decision, even more so if done without correct legal advice.
What is the Cost of Appealing an Immigration AAT decision?
It has been said that the cost will be in the thousands of dollars.
The Administrative Appeals Tribunal recommend that people seek suitably qualified legal advice if they are considering appealing an AAT decision to a higher court.
The first thing to consider, is what the AAT did incorrectly, by law, to give a decision against your AAT appeal.
You should note the following:
An appeal to a higher court can only be about a question of law. This means that you or your representative must consider that the AAT made a mistake in law when deciding your case. If the AAT has made findings about the facts in your case, the Court will not assess those findings. aat.gov.au
For an appeal from a decision of the AAT to succeed, the applicant must convince the Judge hearing the appeal that the AAT made an error of law and that the error contributed to the decision that is being appealed.
However, even when an error of law is demonstrated, the Judge may dismiss the appeal if he or she considers that the AAT arrived at a decision that was clearly correct on the material before it.
The Judge hearing an appeal from a decision of the AAT does not consider any new evidence or information that was not presented in the original case (except in special circumstances).
www.fedcourt.gov.au
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