5. Learn about appealing to the Appeal Division

If you disagree with the member’s decision at the General Division of the (SST), your next option is to appeal to the Appeal Division.

You have to ask to appeal to the Appeal Division. This is called “seeking leave to appeal”. The SST decides whether to let the appeal go ahead.

If you’re given leave, you get to appeal to the Appeal Division. You usually can’t give any new evidence at the appeal stage. Instead, the Appeal Division reviews the evidence that was before the General Division, and the reasons for their decision. The Appeal Division can then:

  • make a decision based on the information is has, or
  • schedule a hearing

If you’re not given leave or if you lose your appeal at the Appeal Division, you may be able to ask for a “judicial review”. When you apply for a judicial review, you’re asking the Federal Court to review a decision because of a big legal or factual mistake in the decision.

Getting legal help

You’ll need legal help if you go to the Appeal Division. If you can’t afford a lawyer, a community legal clinic may be able to help you or refer you to someone who can.

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