Can I withdraw an application?
Yes, you can withdraw an application at any time before a decision is made. There is no cost to withdraw an application.
You must withdraw in writing. You can send us an email or a letter.
What happens after the application is withdrawn?
We will send a confirmation letter to you, Services Australia and any other party that the application has been brought to an end.
The decision under review remains unchanged.
If you have withdrawn the application, another party can ask us to reinstate it.
Coming to an agreement
You and another party can come to an agreement about the decision at any time during the review. The terms of the agreement must be put in writing, signed by all parties and sent to us.
We can make a decision based on the agreement if:
- the terms of the agreement are consistent with a decision the AAT can make; and
- we think it is appropriate to make the decision.
This is called a consent decision.
When can we dismiss an application?
We can dismiss an application if all parties agree.
If you do not attend a directions hearing or 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 each 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 a directions hearing or 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- it was withdrawn by the applicant and another party wants the review to continue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 had been 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.
- the application was dismissed because you did not attend a directions hearing or 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 any other party 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.