Commonwealth Consolidated Regulations

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Starting an appeal--filing and service of notice of appeal

             (1)  A person who wants to appeal to the Court under the AAT Act must file a notice of appeal, in accordance with Form 75.

Note:          The notice of appeal must be filed within the time mentioned in section 44(2A) of the AAT Act, being not later than the 28th day after the day that a document setting out the terms of the decision is given to the person.

             (2)  The notice of appeal must state:

                     (a)  the part of the decision the applicant appeals from or contends should be varied; and

                     (b)  the precise question or questions of law to be raised on the appeal; and

                     (c)  any findings of fact that the Court is asked to make; and

                     (d)  the relief sought instead of the decision appealed from, or the variation of the decision that is sought; and

                     (e)  briefly but specifically, the grounds relied on in support of the relief or variation sought.

Note:          The Court can only make findings of fact in limited circumstances--see section 44(7) of the AAT Act.

             (3)  The applicant must file the notice of appeal in the District Registry in the State or Territory in which the Tribunal heard the matter.

             (4)  The applicant must serve a copy of the notice of appeal on:

                     (a)  each other party to the proceeding; and

                     (b)  the Registrar of the Tribunal.

Note 1:       A Registrar will fix a return date and place of hearing and endorse those details on the notice of appeal.

Note 2:       A lawyer may file a notice of appeal starting migration litigation only if the notice of appeal includes or is accompanied by a certificate under section 486I of the Migration Act 1958 signed by the lawyer.

Note 3:       For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958 .

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