Applicant At 032022 v The Registrar, Act Civil and Administrative Tribunal (Administrative Review)

Applicant At 032022 applied to the Registrar of the Administrative and Civil Tribunal (ACAT) for a waiver of a fee under the Court Procedures Act 2004. The application was denied by a deputy legal registrar, and the applicant then sought a review of that decision. The applicant's wife is a dependent of the applicant. The applicant claimed that paying the fee would cause hardship as they were struggling financially and their home was in a poor condition.

The court was required to determine whether the decision of the registrar to refuse to waive the fee was lawful. The registrar had considered the personal circumstances of the applicant, including the income and expenses provided by the applicant, and had found that the applicant would not suffer hardship if required to pay the fee. The court was required to determine whether the registrar's decision was open to her on the material before her.

The court found that the registrar's decision was lawful. The applicant had provided limited information about his financial circumstances and had not listed his property as an asset. The court found that the registrar was not satisfied that the applicant would suffer hardship if required to pay the fee, and that the decision to refuse to waive the fee was open to her on the material before her. The court noted that the applicant had not provided any additional information or evidence to support his claim of hardship.

ORDERS:
The Tribunal orders that:
1. The decision under review is confirmed.