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Article 48 Application or proposal for review of the Tribunal’s decision

Original text. Later amendments are not shown.

(1)

A party may apply to the Secretary of the Tribunal for the decision of the President or the tribunal panel to be reviewed on the grounds that—

(a)

the decision was wrongly made as a result of a material error on the part of the Tribunal administration,

(b)

a party, who was entitled to be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear, or

(c)

there was an obvious and material error in the decision.

(2)

An application for a decision of the Tribunal to be reviewed must be made—

(a)

in writing stating the grounds,

(b)

no later than 28 days after the date on which the decision was sent to the parties.

(3)

The President may—

(a)

on the application of a party under paragraph (1) or on the President’s own initiative, review and set aside or vary any decision made by the Tribunal on a ground referred to in paragraph (1),

(b)

refuse an application for a review of the Tribunal’s decision in accordance with paragraph (5).

(4)

The President must, upon setting aside the decision of a tribunal panel under paragraph (3) order a rehearing before a differently constituted tribunal panel.

(5)

Even if persuaded that one or more of the grounds referred to in paragraph (1) has been established, the President may refuse the application for a review, in whole or in part if, in the view of the President, the interests of justice justify it.

(6)

The President must, before granting an application for a review, give the parties an opportunity to be heard.

(7)

If a decision is set aside or varied following a review under this rule, the Secretary of the Tribunal must alter the entry in the Register and must notify the parties accordingly.