What is a legal issue?

If you receive a rejection of an exemption or a complaint, the complaints procedure typically states that you can appeal against legal issues (also referred to as "legal matters" or "legal errors").

The legal questions relate to whether the decision has been made in accordance with the applicable law. They may, for example, be that:

  • There is content in the application or complaint that has not been included in the assessment of the case and which should have been.
  • Emphasis has been placed on matters that should not be emphasised according to legislation in this area.
  • There is factually incorrect information in the case.

It may also be a legal issue that the reasoning in the decision:

  • is written in a way that may give rise to misunderstandings
  • are misleading
  • not sufficiently explain why the decision falls out as it does
  • not adequate