§ 44 — Procedure before Reviewing Tribunal

44.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal that is made more than 30 days after the Minister affirmed the initial appealable decision or substituted the initial appealable decision with the substitute appealable decision (as the case may be) upon reconsideration under section 38(3).(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Minister whose decision is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that —(a)

the appellant is not a person entitled to appeal under section 39;

(b)

the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, which may include taking into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to the Reviewing Tribunal; or

(c)

the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 45 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3) Subject to rules made under section 45, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 39 made to or before the Reviewing Tribunal.

—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal that is made more than 30 days after the Minister affirmed the initial appealable decision or substituted the initial appealable decision with the substitute appealable decision (as the case may be) upon reconsideration under section 38(3).

(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Minister whose decision is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that —(a)

the appellant is not a person entitled to appeal under section 39;

(b)

the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, which may include taking into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to the Reviewing Tribunal; or

(c)

the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of rules made under section 45 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those rules.

(3) Subject to rules made under section 45, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 39 made to or before the Reviewing Tribunal.