Challenging a Decision
Reconsideration
If an application or response has been rejected for non‑compliance with Tribunal requirements, a request may be made for that decision to be reconsidered.
Requests for reconsideration must:
- be made in writing; and
- be submitted within the applicable time limit
Appeals
A Tribunal decision may only be appealed to the Royal Court on a point of law and only with permission (leave).
An application for leave to appeal must first be made to the Tribunal and must:
- be submitted within 28 days of the date on which the Tribunal’s decision was made; or
- be submitted within any later deadline allowed by the Tribunal where, in all circumstances, it considers it just to do so.
If the Tribunal refuses leave, an application may be made to the Royal Court in accordance with the Royal Court Rules 2004.
A person seeking, or granted, leave to appeal may also apply for a stay of the Tribunal’s decision pending the outcome of the appeal.
On appeal, the Royal Court may either affirm the Tribunal’s decision or cancel it. If the decision is cancelled, the Court may determine the matter itself or require the Tribunal to reconsider it.
Effect of an Appeal
An appeal is not a rehearing of the case.
The appeal process considers whether the Tribunal made an error in law.
A person applying for, or granted, permission to appeal may also apply for a stay of the Tribunal’s decision until:
- permission to appeal can no longer be granted; or
- the appeal has been finally determined.
Time Limits
- Requests for reconsideration must usually be made within 21 days of the relevant decision
- Applications for permission to appeal must usually be made within 28 days of the Tribunal’s decision
- Applications for a stay of the decision should be made at the same time as, or shortly after, applying for leave to appeal.
Further information
Further guidance on appeals and Tribunal procedures is available on the Tribunal website.