When the Full Bench of the IRC deals with an application for leave to appeal separately under s 188(3) of the IR Act, it may only grant or refuse leave; it has no power to dismiss the appeal without conducting a hearing on the merits under ss 191 and 192. A refusal of leave is interlocutory and potentially revisitable, whereas dismissal of an appeal is final. The admission of evidence without objection by counsel does not constitute jurisdictional error, distinguishing Kirk where legislation prohibited the reception of the evidence regardless of objection.
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