Transitional import policy and factual error led to setting aside the tribunal order and remand for fresh merits review

Para 204(6) of the AM 1990-93 Import Trade Control Policy concerned transitional treatment of goods ordered under the old policy but imported after the new policy took effect. The Tribunal proceeded on the mistaken assumption that the imported goods had been shifted to the relevant appendices and that the REP licences had become invalid. As that factual premise was incorrect, the decision rested on a non-existent basis and was treated as an error apparent on the face of the record. Para 204(6) was found inapplicable on the assumed facts, and the Tribunal's order was set aside with the matter remanded for fresh decision on merits.

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Issues: Whether Para 204(6) of the AM 1990-93 Import Trade Control Policy applied to the imported goods and, if not, whether the Tribunal's order could be sustained.

Analysis: Para 204 dealt with transitional arrangements for goods ordered under the old policy but imported after the new policy commenced. The Tribunal proceeded on the premise that the goods had been shifted to the relevant appendices under the new policy and therefore the REP licences were no longer valid. That premise was conceded to be incorrect, because the imported goods had not been shifted to the appendices. The Tribunal therefore decided the matter on a non-existing factual basis, which constituted an error apparent on the face of the record.

Conclusion: Para 204(6) was held inapplicable on the facts assumed by the Tribunal, and the Tribunal's order was set aside with the matter remanded for fresh decision on merits.

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