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Decision
[1] By agreement, the appeal is allowed. The matter is returned to the General Division for reconsideration.
Introduction
[2] Previously, a General Division member determined that the Appellant’s appeal should be dismissed as abandoned. The Appellant appealed that decision to the Appeal Division.
[3] A teleconference hearing was held, with an interpreter present. Both the Appellant and the Commission attended and made submissions.
Analysis
[4] At the hearing before me the Commission again stated their view that the reconsideration decision at issue in this case was made correctly. However, they submitted that the Commission supported the Appellant being given a new General Division hearing.
[5] After due consideration, the Appellant accepted this proposed agreement.
[6] To ensure that there was no misunderstanding, I verified that the Commission and the Appellant were truly in agreement as to the proposed resolution of this appeal.
[7] Because of this, notwithstanding the fact that I approve of the actions taken by the General Division member, I am prepared to give effect to the shared view of the parties that a new hearing is warranted.
Conclusion
[8] By agreement, the appeal is allowed. The case will be returned to the General Division for reconsideration.