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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Christie J
The Administrative Review Tribunal dismissed a visa applicant's review application because it was lodged well outside the strict nine-day time limit. The applicant had been refused a Protection visa on character grounds and was notified by email. The notification contained an error—it incorrectly stated that the applicant had appointed an 'authorised recipient' (a representative to receive documents), when he had not. The applicant argued this error made the notification invalid, so the time limit never started. The Tribunal disagreed. It found that despite the error, the notification clearly told the applicant he had nine days from when he received the email to apply for review, and explained he was deemed to have received it at the end of the day it was sent. Because the email was addressed only to him, there was no confusion about who 'you' referred to. The Tribunal distinguished this case from recent Federal Court decisions where notifications were unclear, noting here the key information was in consecutive sentences under one heading. Because the notification was valid, the deadline was 7 November 2024, but the applicant didn't apply until February 2025. The Tribunal has no power to extend this deadline, so it dismissed the application.
Before: Member Harvey
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