Can a Tribunal Order be Reviewed or Recalled if it was Incorrect but the Appeal was Time-Barred?

Question from dasda, Can a Tribunal Order be Reviewed or Recalled if it was Incorrect but the Appeal was Time-Barred?

Answer from AI:

In general, the legal system provides mechanisms for reviewing or recalling orders passed by a tribunal, even if an appeal against the order was rejected due to being time-barred. However, the specifics can vary depending on the jurisdiction, the nature of the tribunal, and the rules governing its proceedings.

Review or Recall of Tribunal Orders

Tribunals, like courts, have the power to review their own orders under certain circumstances. This is typically when there is a mistake or error apparent from the face of the record, or if new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made.

However, the power to review is not an inherent power; it must be conferred either specifically or by necessary implication.

Time-Barred Appeals and Condonation of Delay

If an appeal against an order is rejected because it is time-barred, and an application for condonation of delay (an application to excuse the late filing) is also rejected, it can be more challenging to have the order reviewed or recalled.

However, if it is later discovered that the order passed by the tribunal was incorrect, there may still be options available, depending on the specific rules and regulations of the tribunal and jurisdiction in question.

Seeking Legal Advice

Given the complexity of these issues, it is strongly recommended that individuals consult with a legal professional for personalized advice. A lawyer can provide guidance on the specific rules and procedures that apply in your jurisdiction and to your case, and can help you understand your options and the best course of action.

General Steps to Take

If you believe that a tribunal order was incorrect and you want to have it reviewed or recalled, you might generally follow these steps:

1. Consult with a legal professional to understand your options and the specific procedures that apply in your case.
2. Prepare a detailed application or petition explaining why the order was incorrect and why it should be reviewed or recalled.
3. Submit your application or petition to the tribunal, following the specific rules and procedures of the tribunal.
4. Attend any hearings or proceedings that are scheduled in relation to your application or petition.

Remember, this is a general guide and the specific steps may vary depending on the jurisdiction and the rules of the tribunal. Always consult with a legal professional for advice tailored to your situation.

For more information, you can refer to the Federal Rules of Civil Procedure Rule 60 which discusses relief from a judgment or order, or the Section 31 of the UK’s Senior Courts Act 1981 which discusses the power of the High Court to supervise tribunals.