Review
Following the issue of an ASN tribunal decision, the tribunal may either at its own instance or at the request of a party review any decision made by it where it is necessary in the interests of justice to do so.
A written application to review in any of the above circumstances must be received by the administration not later than 14 days of the date the written reasons were sent to parties. The application should state the reasons why a review of the decision is necessary.
The review will where practicable be undertaken by one or more of the members of the ASN Tribunal who made the decision to which the review relates. Where it is not practicable to do so, the Chamber President will appoint another ASN tribunal. The tribunal may dispense with an oral hearing if both after considering parties’ views and where the tribunal considers a hearing is not necessary in the interests of justice.
After reviewing the decision and if the decision is to be varied or revoked, the tribunal will substitute it for a suitable decision. The tribunal may order a rehearing by the same tribunal which made the decision, or by a different tribunal.
A review does not affect the time limit of 30 days for an application for permission to appeal being received (see below).
Appeal
Either party may seek permission in writing to appeal a decision of the ASN tribunal to the Upper Tribunal for Scotland.
Application for permission to appeal a decision of the First-tier Tribunal
9. (1) A person seeking permission to appeal must make a written application to the First-tier Tribunal for permission to appeal.
(2) An application under paragraph (1) must —
a. identify the decision of the First-tier Tribunal to which it relates;
b. identify the alleged point or points of law on which the person making the application wishes to appeal; and
c. state the result the party making the application is seeking.
A party cannot appeal simply on the grounds that it does not agree with the tribunal outcome; an error in law must be identified. This is usually where a tribunal has not correctly applied the law or has not explained its decision adequately.
Applications for permission to appeal must be received within 30 days of the date the decision was sent to parties.
