'Merits review' is when a reviewer re-makes the decision under review.
Oli & Associates will facilitate you in the merit review process by providing excellent consultation services and help you prepare for the same.
How does the Merit Review work?
For example, in Australia, if the Commissioner of Taxation assesses your taxable income at $100,000 and disallows an objection against that assessment, you can apply to the Administrative Appeals Tribunal ('AAT') for merits review.
The AAT can decide for itself, based on any evidence before it, what your taxable income should be (whether that it higher or lower).
Merits review is distinguished from 'judicial review', where the reviewer (usually a court) can only overturn the decision under review if it was invalid (not merely wrong).
Judicial review checks that the original decision-maker applied the right principles and applied them rationally to the evidence available at the time.
The key distinction is that, under judicial review, the reviewer must accept the original decision-maker's conclusions on questions of fact and the original decision-maker's exercise of a discretion.
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