An internal review or appeal means a process where an earlier interim registration decision or registration decision made on an application is reviewed again.
Regulatory bodies must communicate to applicants in writing:
- how they are able to access an internal review or appeal, any deadlines to request for an internal review or appeal, and what is involved
- any decisions made from an internal review or appeal, including reasons for the decision made.
Any individual who takes part in an internal review or appeal process must not have been involved in an earlier interim registration decision or registration decision made on the application.
Having an internal review or appeal process is important to ensure transparency and fairness in the registration process.
Regulatory bodies must ensure that applicants are aware of how and when to access internal review or appeal processes for decisions like:
- interim registration decisions
- registration decisions refusing to register the applicant
- registration decisions that subject an applicant to a condition
All decisions made from an internal review or appeal must be made in writing to the applicant, include reasons for the decision, and be within a reasonable amount of time.
Submissions by applicants
Regulatory bodies must provide applicants with opportunities to make submissions to the internal review or appeal on an interim registration decision or registration decision made on their application either:
- orally – for example, in-person or teleconference
- in writing – for example, letters or emails
- by electronic means – for example, virtual meetings
Different decision makers
If an application is being appealed or reviewed again, the regulatory body must ensure the individual participating was not involved in the initial interim registration decision or registration decision.
Different individuals to review the application brings neutrality to the internal review or appeal process. This may lead to a different registration decision, or it may confirm the regulatory body’s original decision.
How the law applies
Part 1, section 7 of the Fair Registration Practices Act outlines requirements pertaining to an internal review or appeal process.
In the event of any discrepancy between the information on this page and the Fair Registration Practices Act, the legislation will always prevail.
Connect with the Fairness for Newcomers Office:
Email: [email protected]
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