Article 28 Power to strike out the application
The Secretary of the Tribunal must, at any stage of the application, at the request of the Commissioner, or if the Tribunal so directs, serve a notice on the applicant stating that it has been proposed that the whole or part of the application should be struck out on one of the grounds specified in paragraph (2) or for want of prosecution on the part of the applicant.
The grounds referred to in paragraph (1) are that the application—
has been made otherwise than in accordance with these Rules,
is not, or is no longer, within the jurisdiction of the Tribunal,
discloses no reasonable grounds,
is frivolous or vexatious, or
is otherwise an abuse of the Tribunal’s process.
A notice under paragraph (1) must invite the applicant to make representations.
For the purposes of this rule—
a notice inviting representations must inform the applicant that the applicant may, within a period (of no less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations,
representations are made if—
in the case of written representations, they are made within the specified period, and
in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the specified period.
The Tribunal may, after considering any representations made by the applicant, order that the whole or part of the application be struck out on one of the grounds specified in paragraph (2) or for want of prosecution by the applicant.
An order under paragraph (5) may be made without holding a hearing unless the applicant requests the opportunity to make oral representations.
If oral representations are made in accordance with paragraph (6), the Tribunal may consider the oral representations at the beginning of the hearing of the substantive application.
If the whole of an application is struck out under paragraph (5) the application is to be considered concluded.