AAT decision wrt to redundancy:
As to my strategy to establish a right to appeal I understand that for a Reason 8 determination, that the CSA and the AAT needs to follow a four step approach, being:
- Firstly establish that maintaining the administrative assessment is unjust and inequitable.
- Secondily, they need to establish the grounds for departure.
- Thirdly, they need to establish that the departure is just and equitable.
- Finally, they need to establish that the departure is otherwise proper.
In my case before the AAT the member did not deal with the steps 1 and 2. Instead he articulated a decision and proceeded to establish it was a just and equitable and so on.
I believe that the member erred in law bu skipping the first 2 steps.
Is this error at law my strategy to initiate an appeal? Thereafter I need to establish the strategy of my case, which you have helped with.