30/10/2024
A merits review involves an independent person ‘standing in the shoes’ of the original decision maker and freshly considering all of the relevant facts, law and policy aspects of the original decision.
The Tribunal is not confined to only consider the information which was before the original decision maker, it can also have regard to all relevant information, including fresh evidence or fresh considerations which arose after the original decision was made. Sometimes this means that a reviewer will make a different decision to the original one, even if they consider the original decision was correct at the time. The role of the tribunal is to consider all of this information and then to decide what the correct or preferable decision is.
Let Wickham Lawyers be your friend, guide and advisor in your merit review application.