Can I withdraw an application?
Yes, you can withdraw an application at any time before a decision is made if you are the applicant. There is no cost to withdraw an application.
Contact us in writing or by telephone.
What happens after the application is withdrawn?
We will send a confirmation letter to you, Centelink and any other party that the application has been brought to an end.
The decision under review remains unchanged.
If you withdraw the application and there is another party to the review, such as the other parent or carer of a child in a review of a family assistance care percentage decision, they can ask us to reinstate the application.
When can we dismiss an application?
We can dismiss an application if all parties agree.
If you do not attend the hearing and you are the applicant we might dismiss the application.
We might also dismiss an application if:
- the decision can't be reviewed by the AAT
- you are the applicant and fail to proceed with the application
- you are the applicant and fail to comply with a direction made by us
- the application is frivolous, vexatious, misconceived or lacking in substance
- the application has no reasonable prospect of success
- the application is otherwise an abuse of our process.
What happens after the application is dismissed?
We will tell you why we have dismissed the application. We will also tell Centrelink and any other party.
The decision under review remains unchanged. You cannot ask for a second review of our decision to dismiss the application.
Reinstatement of an application
If the application is dismissed because you did not attend the hearing, you can ask us to reinstate the application. We can also reinstate the application if:
- it was withdrawn by the applicant and another party wants the review to continue
- it was dismissed in error.
How do I ask for reinstatement?
You must write to us and ask us to reinstate the application within 28 days after you were notified that the application was dismissed.
You must tell us why you think the application should be reinstated or why the application was dismissed in error. You should include any documents which support what you are telling us.
If the application was dismissed because you did not attend the hearing and you ask us to reinstate the application more than 28 days after you were notified that the application was dismissed, you must also ask us for an extension of time and explain why we should give you extra time.
What happens after we receive your request?
We will decide whether the application will be reinstated.
If we decide to reinstate the application, we will write to you and tell you what happens next.
If we decide not to reinstate the application we will tell you in writing. The decision under review remains unchanged and we cannot review the decision.
If you think our decision is wrong, you can appeal to the Federal Court. An appeal to the Federal Court must be made within 28 days after receiving our decision.