Boxell and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for review brought by Mr Boxell against the National Disability Insurance Agency (NDIA). The central dispute concerned whether a reviewable decision existed for the Tribunal to consider, arising from an internal review request that the applicant had allegedly withdrawn.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's request for an internal review constituted a reviewable decision under sections 99, 100, and 103 of the *Administrative Appeals Tribunal Act 1975* (Cth). Secondly, the Tribunal had to ascertain whether the applicant had effectively withdrawn that internal review request, and if so, whether the NDIA's subsequent reinstatement of the request created a reviewable decision.

The Tribunal reasoned that for an application to be reviewable, there must be a specific decision that has been made by the NDIA. In this instance, the Tribunal found that the applicant's actions, including the purported withdrawal of the internal review request, meant that no final decision had been made by the NDIA that was capable of being reviewed. Consequently, the Tribunal concluded that there was no reviewable decision before it.

Accordingly, the Tribunal dismissed the application for review filed on 7 June 2022, pursuant to subsection 42A(4) of the *Administrative Appeals Tribunal Act 1975*.