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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.
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The Court dismissed the applicants' challenge to the refusal of their business visas. They had given turnover figures and said those figures were based on audited accounts, but they never sent the accounts or other supporting documents to the Department. The Department had told them to provide relevant evidence and warned that it could decide the application without asking for more. The Court found no proved basis for treating the State nomination as a prior assessment of the accounts, and no evidence that the applicants relied on a practice of being asked for missing information. The Court also held that, even if there had been an error, the applicants had not shown that the decision could have been different because they did not provide evidence about the other required visa criteria.