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Difference between revisions of "Welfare Appeals (21:XI)"
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If the EAAT decision is unfavourable, the appellant has 2 options: | If the EAAT decision is unfavourable, the appellant has 2 options: | ||
OPTION 1: Where the appellant has applied for a benefit and been denied, and where it is important for her to get the benefit right away, she can re-apply. If there is new evidence on which to base a new application that should be submitted; otherwise she can still reapply although her appeal rights on the new application will be limited. | OPTION 1: Where the appellant has applied for a benefit and been denied, and where it is important for her to get the benefit right away, she can re-apply. If there is new evidence on which to base a new application that should be submitted; otherwise she can still reapply although her appeal rights on the new application will be limited if she cannot show that there has been a change in the applicant's circumstances relevant to the appeal since she last appealed to the EAAT (see section 17 of the EAPD Act and section 18 of the EA Act). | ||
OPTION 2: Where the decision is very seriously problematic (see below) and there is some benefit to having a court overturn the original decision, students can advise the client to seek judicial review. | OPTION 2: Where the decision is very seriously problematic (see below) and there is some benefit to having a court overturn the original decision, students can advise the client to seek judicial review. | ||
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*glaring errors of fact that a judge would be able to see just by reading the decision and looking at the documentary evidence. | *glaring errors of fact that a judge would be able to see just by reading the decision and looking at the documentary evidence. | ||
Note there is a '''60 day time limit''' for bringing judicial reviews. | Note there is a '''60 day time limit''' for bringing judicial reviews. A client who is interested in applying for judicial review of an EAAT decision should be referred to a lawyer at the Community Legal Assistance Society to have their case assessed for merit. | ||
== H. Tips for the LSLAP Student Representative == | == H. Tips for the LSLAP Student Representative == | ||