What I'll direct you to is that this seems to be contemplated in the legislation. If you look at one of the factors that's relevant to acceptance and the ultimate decision, you see under proposed paragraph 696.6(5)(c) that the “application is not intended to serve as a further appeal”. I would suggest that this would include an appeal in first instance. It should be a relevant factor that the person has not appealed. It should be weighed in the analysis. All we're saying is it shouldn't be determinative. There will be cases where it will be appropriate to not force the person to go through the appellate process.
