Once the committee has decided an administrative appeal, when must it return evidence, and whose originals is it returning?
General information · Not legal advice
Material to check
In the practice file we read the notice of the administrative appeal decision, to confirm the committee has already decided, the application for return of evidence papers, and the list of documents, ledgers, articles or other evidentiary material filed in the appeal, so each item can be matched to the person who submitted it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the order of the provision: once the committee has made its decision and has received an application for return, it must return, without delay, the originals of documents, ledgers, articles or other evidentiary material that the applicant submitted, handing them back to the person who submitted them.
Another reading marks what sits outside the provision: it speaks only of originals submitted by the applicant, so copies, extracts and material lodged by the other party or by a witness are not covered, and the provision sets out no measure for how long 'without delay' allows.
Your judgment
If an original cannot be found in the committee's file after a return application, what in the file could show whether it was ever submitted?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to cover copies or to state a period for return, or if a decision explains when a return application counts as received.