In the cases reported here, the boards decided not to admit facts, evidence and requests already not admitted at first instance.

In some early decisions, the boards took the view that facts, evidence and requests that a department of first instance had already decided not to admit in a proper exercise of its discretion should normally not be admitted on appeal either.

In several decisions, the boards have addressed the issue of their scope for reviewing decisions taken by departments of first instance in exercise of their discretion. Among the factors to be considered is whether or not the department of first instance exercised its discretion properly.