Can I withdraw an application?
Yes, you can withdraw an application at any time before a decision is made if you are the applicant. We cannot refund the application fee.
You must withdraw in writing. You can use the Notification of withdrawal form or you can send us an email or a letter.
What happens after the application is withdrawn?
We will send you a confirmation letter that your application has been brought to an end.
The decision under review remains unchanged.
When can we dismiss an application?
We can dismiss an application if all parties agree.
If you do not attend a directions hearing or 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 the Director-General of Security.
The decision under review remains unchanged.
Reinstatement of an application
If the application is dismissed because you did not attend a directions hearing or hearing, you can ask us to reinstate the application. We can also reinstate the application if 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 the application was dismissed.
You must tell us why 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 a conference, other ADR process, directions hearing or 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 include reasons why the request for reinstatement is late.
What happens after we receive your request?
We will decide whether the application will be reinstated. We will usually hold a hearing before deciding this. The hearing might be by telephone or in person at the AAT's offices.
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, but only on a question of law. An appeal to the Federal Court must be made within 28 days after receiving our decision.