Cap. 643 Art. 37Administrative Review Tribunal.

(1) An appeal shall lie to the Administrative Review

Tribunal on any decision of the Authority in accordance with the provisions of this Act and any regulations made thereunder, and any person aggrieved by such decision shall have the right to appeal.

(2) An appeal to the Administrative Review Tribunal may be filed on any of the following grounds:

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made; and, or

(d) that there was some material illegality, including unreasonableness or lack of proportionality.

(3) The Administrative Review Tribunal shall give reasons for its decision and shall cause such decisions to be made public omitting, if it deems it appropriate for reasons of confidentiality, the names of the persons involved.

(4) In determining an appeal, the Administrative Review Tribunal shall take into account the merits of the appeal and may in whole or in part confirm, annul or vary the decision appealed from, giving in writing the reasons for its decision and shall cause such decision to be made public and communicated to the parties to the appeal.

(5) The effect of a decision to which an appeal relates shall not, except where the Administrative Review Tribunal or the Court of Appeal so orders, as the case may be, be suspended in consequence of the filing of the appeal.

(6) Any person aggrieved by a decision of the Authority shall have a right to appeal from such decision to the Administrative Review Tribunal:

Provided that in any case, a person filing an appeal to the Administrative Review Tribunal shall also require a direct interest in impugning the decision or directive appealed from.

(7) Without prejudice to the provisions of article 35:

(a) an appeal from a decision or directive of the Authority shall be made by application and shall be filed with the secretary of the Administrative Review Tribunal within twenty (20) days from the date on which the said decision or directive has been notified in writing to the party appealing or published in the Gazette whichever is the earlier, as the case may be; and

(b) the application of appeal shall be served on the Authority, which shall not later than twenty (20) days from such service, file its reply thereto with the secretary of the Administrative Review Tribunal.