sec.139Deciding whether to reopen

sec.139 Deciding whether to reopen

This section applies if a party (the applicant party ) to a proceeding makes an application under section 138 for a proceeding to be reopened. Each party to the proceeding must be given an opportunity to make, within the period stated in the rules, written submissions about the application. The tribunal— must consider any written submissions made under subsection (2) about the application; and may decide whether or not to reopen the proceeding entirely on the basis of documents, without a hearing or meeting of any kind. The tribunal may grant the application only if the tribunal considers— a reopening ground exists for the applicant party; and the ground could be effectively or conveniently dealt with by reopening the proceeding under this division, whether or not an appeal under part 8 relating to the ground may also be started. The tribunal’s decision on the application is final and can not be challenged, appealed against, reviewed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise. (sec.139-ssec.1) This section applies if a party (the applicant party ) to a proceeding makes an application under section 138 for a proceeding to be reopened. (sec.139-ssec.2) Each party to the proceeding must be given an opportunity to make, within the period stated in the rules, written submissions about the application. (sec.139-ssec.3) The tribunal— must consider any written submissions made under subsection (2) about the application; and may decide whether or not to reopen the proceeding entirely on the basis of documents, without a hearing or meeting of any kind. (sec.139-ssec.4) The tribunal may grant the application only if the tribunal considers— a reopening ground exists for the applicant party; and the ground could be effectively or conveniently dealt with by reopening the proceeding under this division, whether or not an appeal under part 8 relating to the ground may also be started. (sec.139-ssec.5) The tribunal’s decision on the application is final and can not be challenged, appealed against, reviewed, set aside, or called in question in another way, under the Judicial Review Act 1991 or otherwise.

• (a) must consider any written submissions made under subsection (2) about the application; and
• (b) may decide whether or not to reopen the proceeding entirely on the basis of documents, without a hearing or meeting of any kind.
• (a) a reopening ground exists for the applicant party; and
• (b) the ground could be effectively or conveniently dealt with by reopening the proceeding under this division, whether or not an appeal under part 8 relating to the ground may also be started.