Page 1253 - 10. 2nd half 2018 New 26-05-21 No Table

Exercise of discretion
7. There were no special features of this case
which persuaded us to exercise our discretion
to discharge.
Statutory criteria
8. The grounds and statutory criteria are
satisfied. The section is upheld
Judge Hyman
Date 8th November, 2018
Notice
A person seeking permission to appeal must
make a written application to the tribunal for
permission to appeal. An application for
permission must:
• identify the decision of the tribunal to which
it relates;
• identify the alleged error or errors of law in
the decision; and
• state the result the party making the
application is seeking.
An application for permission must be sent or
delivered to the tribunal so that it is received no
later than 28 days after the latest of the dates that
the tribunal sends to the person making the
application:
24.11.2013 written reasons for the decision;
24.11.2014 notification of amended reasons
for, or correction of, the decision following a
review; or
24.11.2015 notification that an application for
the decision to be set aside has been
unsuccessful. (Note: This date only applies if the
application for the decision to be set aside was
made within the initial 28-day time limit, or any
extension of that time previously granted by the
tribunal.)
If the person seeking permission to appeal sends
or delivers the application to the tribunal later
than the time required then:
a. the application must include a request that
the tribunal extends the time limit
4
74
under Rule 5(3)(a), and give the reason(s) why
the application was not provided in time; and b.
unless the tribunal extends time for the
application to be made, a late application cannot
be admitted.