Can you appeal a tribunal decision

We will usually make a decision after conducting a hearing. Watch our video guide for more information about receiving our decision.

We might tell you our decision and the reasons for that decision at the end of the hearing. This is called an oral decision. We will send you and the original decision-maker a notice that sets out our decision without written reasons.

If you want a written copy of the reasons, you must ask for them within 28 days after you receive the decision. 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. The decision-maker must implement our decision or lodge an appeal with the Federal Court within 28 days after receiving our decision.

If there is another party to the review they can also lodge an appeal. If our decision has not been put into action and there has been no appeal after 28 days, you should contact the person who represented the decision-maker at the hearing. You need to apply to the High Court for leave within 28 days after the date you were notified of the decision. You have the right to apply for judicial review with the High Court. An application for judicial review must be filed within 28 days after the date you or your representative were notified of the decision.

If both an appeal on a point of law and a judicial review of proceedings are sought about the same case, the party must lodge the applications for appeal and for judicial review together. In most cases, the Tribunal member who heard the original matter will be assigned to determine the reconsideration request.

Your request will be reviewed by the assigned Tribunal member. The Tribunal member must decide if your request establishes a basis for re-opening the decision. Reconsideration is a discretionary remedy. This means there is no absolute right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

The decision on whether to grant a request for reconsideration is made based on the criteria set out in the Rules and on the facts of each request. Rule 26 provides that a request for reconsideration will not be granted unless the Tribunal is satisfied that one of the following circumstances applies:.

Some examples of situations where the Tribunal might decide to refuse a request for reconsideration are:. In addition, the Tribunal may decide not to ask an adjudicator to review your reconsideration request if the request simply repeats the substance of a previously unsuccessful reconsideration request.

The Tribunal has a broad discretion to review and reconsider a decision on its own initiative and may do so where it considers it appropriate to do so see Rule However, it would be a rare occurrence for the Tribunal to exercise this discretion. If the Tribunal decides to reconsider a decision on its own initiative, it will determine a procedure for rehearing all or part of the matter.

This procedure will include an opportunity for the parties to make submissions. If the Tribunal decides to grant a request for reconsideration, the Tribunal will go on to consider whether or not the original decision should be varied or revoked. The Tribunal can set terms or conditions that will govern the scope and process that it will follow in reviewing the decision.

If a reconsideration is granted with respect to only part of a decision, only that part of the decision will be reconsidered. In considering the substance or merits of request for reconsideration, the Tribunal may, depending on the circumstances, direct the parties to file additional written submissions, provide an opportunity for oral submissions or hold a rehearing in whole or in part.

Disability has a specific meaning under the Code. The mere fact that you may have a disability does not necessarily mean that being required to wear a mask or take a vaccine is contrary to the Code. Every case must be assessed on its own facts. Creed religion also has a specific meaning under the Code. The mere fact that you may have a creed religion does not necessarily mean that being required to wear a mask or take a vaccine is contrary to the Code.

Again, every case must be assessed on its own facts. Skip to main content. You are here Home » How-to Guides. Requesting a Reconsideration This is general information only. Asking the Tribunal to reconsider its decision on your application What is a request for reconsideration? Are all Tribunal decisions subject to a request for reconsideration?

What is the time limit to make a request for reconsideration? How do I make a request for reconsideration?