Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p11
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 24753–27565

that proceeding, the decision for review by the Tribunal shall be the decision of the Commission on the review referred to in sub-section (1) or (2) instead of the decision to which the application relates.
"(5) Where the Commission gives to the Tribunal a notification in accordance with paragraph (a) of sub-section (4), the Secretary shall forward to the Tribunal all records and other documents under the control of the Department relating to the review by the Commission to which the notification relates.
"(6) Where the Tribunal receives a notification in accordance with paragraph (b) of sub-section (4), the Tribunal may, before proceeding with a hearing in accordance with that sub-section, request the Secretary to forward to it all records and other documents under the control of the Department relating to the review by the Commission to which the notification relates.
"(7) If no notification under sub-section (4) is received by the Tribunal, the Tribunal shall treat the application relating to the hearing that was postponed or adjourned in accordance with sub-section (1) or (2) as having lapsed.

Further evidence after adverse decision of Tribunal on application under section 107vc
"107vm. (1) Where—
    (a) at any time after the making of a decision of the Tribunal on a review pursuant to an application under section 107vc, being a decision affirming the decision of the Commission the subject of the review, the applicant submits to the Commission, in writing, further evidence with respect to the claim the subject of that decision of the Commission; and
    (b) the Commission is satisfied that the further evidence is evidence that would have been relevant to the making of a decision in the proceeding before the Commission the decision in which was affirmed by the Tribunal,
the Commission shall reconsider that claim.
"(2) If the Commission is not satisfied that further evidence submitted under sub-section (1) would have been relevant to the making of a decision in the relevant proceeding before the Commission, the Commission shall notify the applicant accordingly, and, thereupon, the applicant may submit that further evidence, in writing, to the President and request the President to notify the applicant whether, in his opinion, the further evidence would have been relevant to the making of a decision in the relevant proceeding before the Commission.

"Division 5—Organization of the Tribunal

Constitution of Tribunal for exercise of powers
"107vn. (1) Subject to this section, the Tribunal shall, for the purposes of a proceeding, be constituted by—
    (a) the President or a Deputy President;
    (b) a Services member; and
    (c) one other member.
"(2) The President may, if he considers that a matter to be dealt with by the Tribunal in a proceeding on a review